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eagle422 · Aug 23, 2008, 08:40 AM

I received a summons of judgement this morning from a law firm by the name of Pressler and Pressler. It stated a judgement was brought against me in April of 2007. I received no other notice prior to this one. Included in the summons was a questionnaire about my finances. It said that the notice must be filed out completely and returned within 14 days to the law firm, or I will be place in contempt of court. I guess they are trying to garnish my wages. I would like to work out a payment plan with them. What should I do?

fjsmith81 · Aug 23, 2008, 08:54 AM

It's simple call them and talk to them. But I would suggest to first verify that they actually have the right person, because it seems kind of strange that this is your first notice, and they have already taken steps to start garnishing your wages.

Good luck

slowandeasy · Aug 23, 2008, 05:30 PM

Check with your local court to see IF a judgement was entered against you. Also pull your free credit report to see if it shows You stated that you had no prior notice but you would know if you had a debt that had not been paid because if that is the case it may have caught up with you. If a judgement was entered then depending on where you live they can garnish your wages and attach your bank accounts If a judgement has not been
Given then you can try to work out a payment plan

ScottGem · Aug 23, 2008, 06:15 PM

If a judgement was entered and you were never informed of the suit, then you should file a motion to vacate the judgement on the grounds of improper service. Once you have the judgement vacated you will be in a much better bargaining position. You then send a letter to the plaintiff stating that, if they can verify the debt, you are interested in setting up a payment plan.

If you get the judgement vacated you won't have to file the questionnaire.

slowandeasy · Aug 23, 2008, 06:17 PM

Originally Posted by ScottGem

If a judgement was entered and you were never informed of the suit, then you should file a motion to vacate the judgement on the grounds of improper service. Once you have the judgement vacated you will be in a much better bargaining position. You then send a letter to the plaintiff stating that, if they can verify the debt, you are interested in setting up a payment plan.

If you get the judgement vacated you won't have to file the questionnaire.

great answer!

fjsmith81 · Aug 24, 2008, 10:06 AM

Let me also add. I was watching Mike and Juliet yesterday and they had a special about fradulant debt collectors. The first red flag should be the fact that they don't have all of your information. Legitimate debt collectors know your social security number, your work info, your mother's maiden name, the last time you went to the restroom, and whether you flossed before you went to bed last night. Well, not really, but you see where I am going. Do not and I repeat do not give them any of your information. If they need to verify that it is you when you call they will have your entire social on file and it is sufficient enough for you to give the last four digits of your social to validate this debt. Ask them about where the loan originated, and if you know that you have not had any prior dealings with the company that they say, hang up the phone. Get a copy of your credit report to make sure that it is not on there. If it's not you are in the clear, they were a fradulant debt collector. If it is on there contact the credit bureau and dispute the charge.

I had this happen to me not too long ago, and it was a case of mistaken identity. Someone in my apartment complex had the same name as me and they gave my address instead of their address.

Good luck