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

    Apr 15, 2007, 05:57 AM
    Financial Burden in Missouri
    We received a notification of Levy/Garnishment in the State of Missouri just this week. Today, I discovered that my checking account has already been hit with the garnishment, putting us in a terrible financial burden. I had been making payments on the amount we owed, and I also called to see what other arrangements could be made once I received the notification. I had been paying 75.00 a month - they wanted 300.00 a month. I told them that I could pay 150.00, and no response was given.
    WE DID APPEAR IN COURT, AND AGREED IN COURT TO PAY 75.00 A MONTH. I also agreed to call them in February to discuss other arrangements, and with everything that I have going on personally - working 2 jobs anywhere from 70 to 90 hours a week, supporting a disabled husband, a daughter who just had to have knee reconstructive surgery (she is over 20, and unable to work right now), as well as my 3 year old grandson. I'm also dealing with my father who has alzheimers. I tried to explain this to the people, but they wouldn't listen to anything I had to say.

    I have very little equity in my home, so borrowing against my home is not something I can do.

    I need to know what to expect, what can I do, what are my options? I don't understand all the legal jargon included with the Levy/Garnishment notification
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 15, 2007, 08:52 AM
    As noted in your previous question

    They have a judgement against you at this point, ( that is the only way they could have frozen your bank account.) At this point if they have a judgement, they will file most likely to garnish your pay checks ( normally at 25 percent)

    And you are correct they do not care if your father has this or that, and they don't care what your husbands problems are. That is not the debt collectors problem. All they care about is collecting as much money from you as they can. The more they collect the more they make.
    They most likely even think you are lying, since so many people lie to them, but either way they really just don't care about your problems at all. All they want is as much money as fast as they can get it.

    You can go back to court and try and get these orders admended.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Apr 16, 2007, 06:19 AM
    Hello Rot:

    I noticed you said that you have "little" equity. It might be time to tap it, because this judgment is going to cause you all kinds of problems. Besides, if you have some CASH in your hand, they may accept less.

    Of course, the thing to have done was to have gotten the money BEFORE they obtained a judgment, because you wouldn't now have to pay attorney's fees and court costs which I'm sure doubled the amount you owed. But, that's another story.

    excon
    markd723's Avatar
    markd723 Posts: 6, Reputation: 1
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    #4

    Apr 17, 2007, 09:20 PM
    1st thing check with legal aid, call lawyers and ask ?'s. Some will give free advice. Don't forget that just because a lawyer has a law degree means that he knows what he is talking about. So ask more than 1. you may get as many diff answers as lawyers you talked to. Call all the local charities and churches someone will put you in touch with someone who can help.
    Also check with your local sheriffs department or circuit clerks office and ask for a head of household form. It will cut the amount of witholding (for the garnishment) to 10 percent. If your husband is receiving SSI that money cannot be garnished even if it was put in a bank account. Your wages and deposits to your account can be garnished so your bank will have to determine how much of the money in your account came from your wages and how much, if any from SSI payments.
    If you file head of household forms they will have to be refiled each time the garnishment is reissued which can be every 30, 60, 90, 120, or 180 days. Lawyers like to collect their fees.

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