[ATL10]

I made a veberal agreement with a collection agency over the phone to pay $150.00 a month for a judgement. This company refused to put anything in writing. They would not even provide an invoice. When my Dec. 09 payment made it to there office the first week of Jan. 10 they decided to file a wage garnishment against me. My payroll office hasn't received any of the paperwork yet. How can I fight the garnishment? I also, want to file a motion to set up a payment plan with the courts. How long is that process?

[JudyKayTee]

Without an agreement in writing (which would require them to prove you breached the agreement) they can enforce/collect the Judgment in any way which is legal in your State.

Keep negotiating - it's your only chance.

[DownUnder]

Once a judgement has been entered the collection agencey that has that judgement does not have to accept your verbal agreement they can enforce the judgement when they want to. The time to have made payment arrangements was before the judgement not after.

[JudyKayTee]

Once a judgement has been entered the collection agencey that has that judgement does not have to accept your verbal agreement they can enforce the judgement when they want to. The time to have made payment arrangements was before the judgement not after.

This is not totally true - after the Judgment is entered (and the collection company should then be out of things because it is not a party to the Judgment) a debtor can still enter into an agreement with the Plaintiff to pay the debt. Obviously a written agreement is preferable so that it doesn't turn into "he said/she said," which very well may be what happened here.

The Judgment does not preclude a payment arrangement. Creditors often obtain the Judgment just so they have it in the event the debtor doesn't pay and so that the statute doesn't run. They don't necessarily act on it.

[ScottGem]

I think both Judy and DownUnder have valid points here. Its very possible the plaintiff (who may be the collection agency) refused to put anything in writing so they could use the judgement at the slightest problem with payments.

You missed a payment and they acted. I don't think there is anything you can do unless you can pay this with a lump sum.