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    kancha's Avatar
    kancha Posts: 2, Reputation: 1
    New Member
     
    #1

    Apr 26, 2009, 05:48 PM
    Garnishment Summons?
    Hi, my Discover card debt amount of $ 1500 was bought by one law firm named Messerli & Krammer. I was sent some letters regarding collection matters from this law firm. I was unemployed and in no position to be able to pay that amount. Later I was sent one Summon from this firm and the balance was $2042 by this time. I tried to negotiate with them but they are so rude that they want everything paid in full. So I stopped contacting now I got one letter from them saying Garnishment Summons or Levy may be served upon my employer. My question is if some law firm or credit card company sues me do I get letter from that particular law firm or from the court. and another question is can they take away money from my pay check. What should I do in this situation. I am really worried what to do? Please help me
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Apr 26, 2009, 05:55 PM

    Before they can obtain a writ of garnishment, they have to obtain a judgement against you. To do that, you have to be served with a summons issued by a court. There will then be a hearing, but if it's a valid debt, then you will lose and a judgement will be entered.

    So your best bet is to try and reach a settlement or payment plan with them.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Apr 26, 2009, 06:19 PM

    Unless you missed a notice that you were being sued, they can not do a garnishment. This sounds like one of the many scare letters worded just this side of legal to make you start sending them money
    kancha's Avatar
    kancha Posts: 2, Reputation: 1
    New Member
     
    #4

    Apr 26, 2009, 06:28 PM

    Yes I thought they were trying to scare me too. And I never got court order saying that I was issued summon to appear in court. Evrytime I get any letter is from this law firm saying this is summon and respond within 20 days or else this will be default and another letter I got saying I need to pay for their attorney fee. I tried calling them and so that I can settle this debt they don't want to settle any penny of it they say if I don't pay them within one week it will be default and I called them again after 10 days they say the same thing. So now I stopped calling for a month and they sent me letter saying Garnishment Summons or Levy may be served upon my employer. So what should I do in this situation can I keep negotiating with them. Or not??

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