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-   -   Credit card judgments for wage garnishments (https://www.askmehelpdesk.com/showthread.php?t=137044)

  • Oct 4, 2007, 11:06 AM
    tgonzo
    Credit card judgments for wage garnishments
    Can my pay check be garnished for a credit card debt?
    Judgement has been granted against me. Is there anything that can be done to reverse the judgment?
    I have already called the lawyer that represents the creditor and they are unwilling to work with me, as they have been in the past.
  • Oct 4, 2007, 11:32 AM
    ScottGem
    Yes it can, once a judgement has been awarded.

    Did you attempt to fight the judgement? Can you pay what you owe?
  • Oct 4, 2007, 11:46 AM
    tgonzo
    The judgment was just granted last week. How do I go about fighting it?
  • Oct 4, 2007, 12:21 PM
    ScottGem
    Um where were you when it was granted?
  • Oct 4, 2007, 12:47 PM
    tgonzo
    Answering my question with a question doesn't help.
    Where I was doesn't matter because it's in the past and can't be changed
  • Oct 4, 2007, 01:15 PM
    Justice Matters
    ScottGem's informal reply is not an attempt at sarcasm but a very pertinent question since where you were when judgment was granted speaks directly to how judgment was granted and thus what your options may be.

    If judgment was awarded at a trial that you participated in then generally the only recourse is to file an appeal in a higher court. This can be very expensive.

    If judgment was awarded at a trial or other hearing that you did not attend (for whatever reason) then often there is a procedural remedy to request to have the judgment set aside or vacated (the terminology will vary depending on your jurisdiction).

    If judgment was awarded because there was no response to the original claim then almost certainly there is a procedural remedy to request to have the judgment set aside.

    In addition to knowing at what stage judgment was issued it would also be helpful to know what jurisdiction you are in since rules of procedures vary greatly from state-to-state and province-to-province.
  • Oct 4, 2007, 01:48 PM
    mr.yet
    Quote:

    Originally Posted by tgonzo
    answering my question with a question doesn't help.
    Where I was doesn't matter because it's in the past and can't be changed

    Did you defend against the judgment or just let them get it??

    Did they serve you notice or a summon to appear?
  • Oct 4, 2007, 06:44 PM
    ScottGem
    Quote:

    Originally Posted by tgonzo
    answering my question with a question doesn't help.
    Where I was doesn't matter because it's in the past and can't be changed

    Answering your question with a question is the ONLY way to go when you give us limited information. As others have noted, how the judgement was obtained is essential information to know how to procced. So either you want to help from us or you don't.

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