[lw81]

I recently went into an agreement to pay a debt, and my second payment was 3 days late, but I still sent them a check. They returned it, and filed a garnishment summons. I cannot afford to tap half or even the full amount, which is 560.00. I have never been in this kind of situation before, so I don't know what to do. I don't want them to put a hold on my bank account ( it's a summons for a bank garnishment) because my husband and I have bills to pay. We don't earn much, and its all my husbands income. He has nothing to do with the originial debt. What can I do? Should I wait till the summons date and talk to the judge? What would happen? Should I try my best and pay the amount in full before the court date? Someone please help me, I can't sleep!

[JudyKayTee]

I am a little confused here - I don't know what State you are in but in every State I know the lender can't go directly into a garnishment situation without a judgment. There has to be due process - were you served with papers that you ignored, although that is hard to understand if you are one or two payments late. Money in joint accounts is considered to belong to both of you individually - all the money is yours; all the money is his so, yes, it can be liened.

Don't make yourself sick over this - I personally would contact the creditor and find out what is going on, see if you can make some other arrangement.

I don't think you have provided sufficient detail to offer much more advice - there is also the possibility that this is a private lender, making up the rules as he/she goes along.