[mazaman]

Is this a scare tactic the debt collector is attempting? The letter indicates that I should begin sending payments of 10% of my gross weekly income to the sheriff of Nassau county otherwise my employer will be served. I was given a sheriffs file number.

I do not recall being served nor the signing of any legal document that was physically handed to me.

The letter indicates a balance due, but not how much they are expecting I have to pay or that will be garnished if my employer is served.

I am confused by the following statement which is on a separate page that came with the income execution which states the following:
"This execution is issued against the judgment debtor who is receiving or will receive $600 for each weekly pay period from the employer."

Does this mean that this is what they've found out is my bi weekly paycheck?

Not sure what my course of action should be. Any assistance will be greatly appreciated.

Thank you!

[ScottGem]

Is there anything in this paperwork to indicate a court docket #? If there is then you contact the court for a record of the judgment. You can also check with the sheriff's office to verify the file # as real. They should have a docket #.

If they can't provide a docket # you contact the debt collector and tell them to provide you with a court docket # so you can verify there is a judgment.

You do NOT pay anything until you confirm the judgment. I'm inclined to think this is a scare tactic. I can't imagine a creditor with a judgment giving you a chance to rather then serve your employer. But its possible.

[mazaman]

Is there anything in this paperwork to indicate a court docket #? If there is then you contact the court for a record of the judgment. You can also check with the sheriff's office to verify the file # as real. They should have a docket #.

If they can't provide a docket # you contact the debt collector and tell them to provide you with a court docket # so you can verify there is a judgment.

You do NOT pay anything until you confirm the judgment. I'm inclined to think this is a scare tactic. I can't imagine a creditor with a judgment giving you a chance to rather then serve your employer. But its possible.

There's a file # on the page attached to the letter from sheriffs dept. but no docket #.

[mazaman]

Any thoughts on the $600 statement I do not understand? Does it mean that I need to pay 10% of the $600 I receive per pay period?

Thanks again for your response(s).

[ScottGem]

Is that your actual income? I would do what I told you, you need to find the court record before you do anything else.

[mazaman]

Ok. Thank you so much for the advice.

[Fr_Chuck]

So, was there a actual letter from the sheriff department ?

And 10 percent is a common amount, although garnishment of wages can go as high as 25 percent in many areas.

The notice of a hearing for a judgement may have been mailed. Or left on your door (in some areas) you are not always handed something, and seldom asked to sign in many areas.

So.
1. do you actually owe the money?
2. is the 600 dollars about your actual income?

3. you can go to the court house and see if there was a judgement filed against you.

If you actually do owe the debt, have you discussed a payment plan with them. If you do, get any payment plan in writing before you pay.

[mazaman]

Yes, there was a letter from the Nassau county sheriffs dept. along with a second document with a file number. That second page is the one that states a few things, one of them being the sentence regarding the $600. They actually have the incorrect employer, position I held and salary. Unfortunately I had to voluntarily return a vehicle I purchased at a dealer several years ago and of course it is considered a reposition. I'm just not sure what I can do to combat and protect myself now.

[ScottGem]

How long ago? Whether you voluntarily returned the car or not, if the balance of the loan has not been covered you owe that balance.

But the question of whether a valid judgment has been obtained needs to be answered first.