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liquidmetal · Nov 3, 2013, 01:47 PM

Okay. So I was sent a letter in April of 2012 from my employer stating that I would be getting 25% of my check garnished for a a credit card judgement in 2008. A judgement hearing that I was never even served to attend... the judgement for for the amount of $4526. Which included a principle of $3070. Court cost of $290 and Interest of $1165. I did not argue the fact because it was a debt that I did owe. I have since then paid back $4466 of the judgement... The only concern I have now is that besides never even knowing about the judgement against me the total amount that they want now is $6261... Meaning that I will pay an extra $2000 on top of the judgement. I am only taking home $810 a month in salary after this deduction. I know that I am much under the amount of $500 a week in income. What doesn't make sense is why they waited 4 years before they went after me. And also in April of 2009. Which was six months after the judgement I received a settlement letter from the attorney stating that I only owed $1439... My question is that now that I have paid almost the full amount of the judgment and also have found out that because of my low income I shouldn't have 25% being taken out can I do something about them stopping the rest of the amount.

AK lawyer · Nov 3, 2013, 02:19 PM

... My question is that now that I have paid almost the full amount of the judgment and also have found out that because of my low income I shouldn't have 25% being taken out can I do something about them stopping the rest of the amount.

I doubt it.

$4,535 total judgment in 2008, plus post-judgment interest for five years would be about $2,000 interest at 8%. Looks about right.

Were your payments properly applied to reduce the amount due (for the purpose of calculating interest)?

liquidmetal · Nov 3, 2013, 02:23 PM

I understand the post judgment fees. But I was never even made aware of the hearing date. I was never served to appear in court and also my income is lower then the 30 times the minimum wage... so because they chose to wait for five years to let me know about the judgement then I must pay all that extra interest.

joypulv · Nov 3, 2013, 02:37 PM

They didn't 'chose to wait 5 years.' A recession hit big time, a lot of people defaulted on debts, and it took this long to get to you. Even in good times it takes time.

They can claim that they sent you a court date and there's no way to prove you didn't get it. It doesn't have to be served in person, or even with a return postal receipt, although many are, and anyone can sign for it. If you moved, it doesn't mean they have to locate you. The burden wasn't on them because a debt is a known obligation.

ScottGem · Nov 3, 2013, 02:52 PM

Did this settlement letter state you only owed that much or offer to settle for that much. I suspect it was an offer of settlement. And it also means you can't claim you didn't know about the judgment. You should have fought for a new hearing then.

AK lawyer · Nov 3, 2013, 03:39 PM

Originally Posted by ScottGem

Did this settlement letter state you only owed that much or offer to settle for that much. I suspect it was an offer of settlement. And it also means you can't claim you didn't know about the judgment. You should have fought for a new hearing then.

It's unclear whether OP was properly served with process at the beginning of the lawsuit. As Joy indicates, if the original process was properly served, service of the notice of hearing can be done by regular mail. If the court file shows that the NOH was mailed, plaintiff did all that was necessary to give notice of the hearing.

But, as you note, OP became aware of the lawsuit by '08 or '09 at the latest, and should have asked to set it aside then.

liquidmetal · Nov 3, 2013, 05:35 PM

I wasn't aware of the lawsuit until I received the garnishment letter in 2011... I never moved and I never received any mail about it. The only reason I didn't take care of it was because I was unemployed at the time. Before that I was paying it off through consolidation. The credit card was from 2001.

ScottGem · Nov 3, 2013, 05:38 PM

Then when did you get the settlement letter? When did you start working?

AK lawyer · Nov 3, 2013, 05:52 PM

Originally Posted by ScottGem

Then when did you get the settlement letter? When did you start working?

Originally Posted by liquidmetal

... judgement in 2008
... six months after the judgement I received a settlement letter from the attorney ...

Is iquidmetal suggesting the "settlement letter" didn't mention the judgment? I find that hard to believe.