A credit card won a judgment against me without a trial. (They and I were totally unprepared for the pretrial hearing. Their lawyer had nothing with him that the judge asked for. I had nothing that I could put my hands on immediately under pressure, even though I did have it all with me. I had been told that all I needed to do was show up for the pretrial hearing and state that I planned to defend myself in court. That turned out to be untrue. The credit card got a default judgment against me.)

Anyway, the credit card company has now tried to garnish wages from a former employer, where I have not worked since 1996. (The employer sent me a copy of their response to the Request and Writ for Garnishment.) That leads me to believe that they are purposely trying to embarrass me. It's a very small office, so now I assume everyone knows I am in financial trouble.

Is is legal for a creditor to embarrass somebody publicly like that, when it is clear from the record that I have not worked there in more than ten years? My credit report shows that.

In Michigan, can they garnish my checking account? I have nothing to hide, but if they take money from my checking account I won't be able to pay for utilities or food.

I hate that I'm in this situation, but it is because of my medical condition. I have been unable to work for several years, and I have told creditors that. Now I'm worried that they'll try the garnishment trick with other former employers. I have nothing to hide, but I don't want the embarrassment. I'm a highly educated professional with a medical condition that has put me in the poorhouse. I have used credit only for necessities, absolutely no luxuries.

So my two questions are:
1. Is it legal for a creditor to embarrass somebody purposely when they know I have not worked for an employer in long time?
2. Can they garnish my checking account in Michigan?

Thank you so much for any answers.

Lil

I doubt they were trying to embarrass you, they probably looked up your last employer and reached out to them.

Quote:

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Originally Posted by Lil

A credit card won a judgment against me without a trial. (They and I were totally unprepared for the pretrial hearing. Their lawyer had nothing with him that the judge asked for. I had nothing that I could put my hands on immediately under pressure, even though I did have it all with me. I had been told that all I needed to do was show up for the pretrial hearing and state that I planned to defend myself in court. That turned out to be untrue. The credit card got a default judgment against me.)

Anyway, the credit card company has now tried to garnish wages from a former employer, where I have not worked since 1996. (The employer sent me a copy of their response to the Request and Writ for Garnishment.) That leads me to believe that they are purposely trying to embarrass me. It's a very small office, so now I assume everyone knows I am in financial trouble.

Is is legal for a creditor to embarrass somebody publicly like that, when it is clear from the record that I have not worked there in more than ten years? My credit report shows that.

In Michigan, can they garnish my checking account? I have nothing to hide, but if they take money from my checking account I won't be able to pay for utilities or food.

I hate that I'm in this situation, but it is because of my medical condition. I have been unable to work for several years, and I have told creditors that. Now I'm worried that they'll try the garnishment trick with other former employers. I have nothing to hide, but I don't want the embarrassment. I'm a highly educated professional with a medical condition that has put me in the poorhouse. I have used credit only for necessities, absolutely no luxuries.

So my two questions are:
1. Is it legal for a creditor to embarrass somebody purposely when they know I have not worked for an employer in long time?
2. Can they garnish my checking account in Michigan?

Thank you so much for any answers.

Lil

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1) Yes
And 2) yes even though it embassing to you and if you have money (or ever have money) in that checking acct.

But this time, don't take anyone's word not even mine !) such as you did when you appeared in court under the incorrect assumption that alll you had to do was state that you plan to defend yourself.

If you do not have the money to consult with an atty, call the local Bar Association and attempt to secure free legal advice.

Quote:

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Originally Posted by Lil

A credit card won a judgment against me without a trial. (They and I were totally unprepared for the pretrial hearing. Their lawyer had nothing with him that the judge asked for. I had nothing that I could put my hands on immediately under pressure, even though I did have it all with me. I had been told that all I needed to do was show up for the pretrial hearing and state that I planned to defend myself in court. That turned out to be untrue. The credit card got a default judgment against me.)

Anyway, the credit card company has now tried to garnish wages from a former employer, where I have not worked since 1996. (The employer sent me a copy of their response to the Request and Writ for Garnishment.) That leads me to believe that they are purposely trying to embarrass me. It's a very small office, so now I assume everyone knows I am in financial trouble.

Is is legal for a creditor to embarrass somebody publicly like that, when it is clear from the record that I have not worked there in more than ten years? My credit report shows that.

In Michigan, can they garnish my checking account? I have nothing to hide, but if they take money from my checking account I won't be able to pay for utilities or food.

I hate that I'm in this situation, but it is because of my medical condition. I have been unable to work for several years, and I have told creditors that. Now I'm worried that they'll try the garnishment trick with other former employers. I have nothing to hide, but I don't want the embarrassment. I'm a highly educated professional with a medical condition that has put me in the poorhouse. I have used credit only for necessities, absolutely no luxuries.

So my two questions are:
1. Is it legal for a creditor to embarrass somebody purposely when they know I have not worked for an employer in long time?
2. Can they garnish my checking account in Michigan?

Thank you so much for any answers.

Lil

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I doubt they were trying to embarrass you. They just want the money you owe.
Remember, when you apply for a credit card, you fill out an application. In that application they ask you who your employer is and for your bank account number. That is the only info they have to go on after a judgment has been filed against you.

When I received a judgment for a credit card, the debt collector mailed me a questionnaire subpoena. Filling out this questionnaire subpoena was in the form of a court order. I had to tell them everything I owned, bank accounts, vehicles, properties, etc.

These debt collectors don't want to hear why you couldn't pay the debt. You can be living on a park bench and they will still be trying to find you to collect.

Quote:

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Originally Posted by Lil

A credit card won a judgment against me without a trial. (They and I were totally unprepared for the pretrial hearing. Their lawyer had nothing with him that the judge asked for. I had nothing that I could put my hands on immediately under pressure, even though I did have it all with me. I had been told that all I needed to do was show up for the pretrial hearing and state that I planned to defend myself in court. That turned out to be untrue. The credit card got a default judgment against me.)

Anyway, the credit card company has now tried to garnish wages from a former employer, where I have not worked since 1996. (The employer sent me a copy of their response to the Request and Writ for Garnishment.) That leads me to believe that they are purposely trying to embarrass me. It's a very small office, so now I assume everyone knows I am in financial trouble.

Is is legal for a creditor to embarrass somebody publicly like that, when it is clear from the record that I have not worked there in more than ten years? My credit report shows that.

In Michigan, can they garnish my checking account? I have nothing to hide, but if they take money from my checking account I won't be able to pay for utilities or food.

I hate that I'm in this situation, but it is because of my medical condition. I have been unable to work for several years, and I have told creditors that. Now I'm worried that they'll try the garnishment trick with other former employers. I have nothing to hide, but I don't want the embarrassment. I'm a highly educated professional with a medical condition that has put me in the poorhouse. I have used credit only for necessities, absolutely no luxuries.

So my two questions are:
1. Is it legal for a creditor to embarrass somebody purposely when they know I have not worked for an employer in long time?
2. Can they garnish my checking account in Michigan?

Thank you so much for any answers.

Lil

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You can appeal and challenge the garnishment. If you have time close your accounts now.

Quote:

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Originally Posted by GlindaofOz

I doubt they were trying to embarrass you, they probably looked up your last employer and reached out to them.

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That was three employers ago, so I'm concerned that they'll embarrass me with the last two employers, too.

Thanks for all the advice, everybody.

Lil

Quote:

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Originally Posted by webworm98

You can appeal and challenge the garnishment. If you have time close your accounts now.

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Well, I had no money in my checking account and wasn't smart enough to close my business account. The credit union tells me they can do that with a dba account, but not if it were a corporate account. Now I guess all my outstanding checks and charges will bounce. I needed the money in my business account to pay business expenses. Now I won't be able to pay ANY living expenses and will either have to declare bankruptcy or live on the streets.

I responded to an artibration letter for this particular creditor, so can they garnish while the arbitration is being discussed?

Totally hopeless,
Lil

I would appeal the judgement. You were the defendant in the case. You should not have had to prove anything except to refute statements from the plaintiff.

What should have happened is the judge should have asked the plaintiff to produce verification of the debt. If they couldn't you should have asked for a dismissal. If tha't not the way it went, appeal.

What should have happened is the judge should have asked the plaintiff to produce verification of the debt. If they couldn't you should have asked for a dismissal. If tha't not the way it went, appeal.
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In the meantime, what can I do about the garnishment of all my bank accounts? I can't even write a check to the court for the appeal motion.

Lil

It wasn't clear that your accounts were garnished. You need to file a motion to vacate the judgement on the grounds that the plaitiff did not prove the debt.