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ScottGem · Mar 13, 2010, 05:32 PM

Once they get a judgement, they can do whatever the law allows to recover the awarded amount. By showing up you may get the judge to order that you work out a plan. Then, as long as you adhere to the terms of the plan, they will not be able to garnish your salary or attach other assets.

ChihuahuaMomma · Mar 13, 2010, 05:34 PM

I don't have other assets. Is there any advice you can give me? I've never been to court before.

JudyKayTee · Mar 14, 2010, 12:05 PM

The best you can do is explain your situation (you can't afford to pay this all at once) OR offer a legal defense (if you have one). You are pretty much at the mercy of the creditor and Court. They are going to (probably) make an argument that you've had loads of time to settle with them, work out an agreement. Why now when you are faced with a Judgment?

The Court does not have to order the creditor to cooperate with you and/or work out a plan.

I would expect a Judgment to be entered but NOT enforced as long as you keep up the terms of any agreement you make with the creditor.

ChihuahuaMomma · Mar 14, 2010, 02:20 PM

I honestly forgot about the debt until I was served with the lawsuit paperwork.

ChihuahuaMomma · Mar 23, 2010, 10:51 AM

So, I went to court on the wrong day. They entered a judgment for $925. I can't reach the lawyer at his listed number. Am I totally screwed?

AK lawyer · Mar 23, 2010, 03:00 PM

Originally Posted by ChihuahuaMomma

So, I went to court on the wrong day. They entered a judgment for $925. I can't reach the lawyer at his listed number. Am I totally screwed??

Depends on how much you are making and whether you own anything. They will be able to execute on (sieze) your property, but only to the extent it is not exempt from execution. The exemtions for Washington State are here.

Similary, wage garnishment is limited by state and federal law. They can only garnish what wages are above a certain amount. The amount in Washington is here. As I figure it, that would mean that they could take whatever you make in a month above $215.50 or 25% of your weekly pay, whichever is smaller.

ChihuahuaMomma · Mar 23, 2010, 07:50 PM

Thank you. I don't own anything... So, they can take 50% of my paycheck? That's plain ridiculous and unreasonable. I already live paycheck-to-paycheck.

AK lawyer · Mar 23, 2010, 08:06 PM

Originally Posted by ChihuahuaMomma

...So, they can take 50% of my paycheck? ...

No. 25%.

ChihuahuaMomma · Mar 25, 2010, 08:43 AM

You said 25% weekly. I get paid bi-weekly.

ChihuahuaMomma · Mar 26, 2010, 11:13 AM

Can they garnish a second job as well?

JudyKayTee · Mar 26, 2010, 01:45 PM

25% is 25%, whether it's bi-weekly or monthly or weekly or whatever. For example, 25% of $100 is $25. If you are paid every two weeks the salary is $200 and 25% is $50. The same percentage always works out the same.

ChihuahuaMomma · Mar 26, 2010, 02:07 PM

Judy, thanks. I suckkkk at math.

JudyKayTee · Mar 26, 2010, 02:09 PM

Yeah, I know - that's why I majored in English. I'd still be in the 6th grade, otherwise.

ChihuahuaMomma · Mar 26, 2010, 02:11 PM

25% isn't as bad as I was thinking. Still not going to be good.

AK lawyer · Mar 26, 2010, 07:28 PM

Originally Posted by ChihuahuaMomma

Can they garnish a second job as well?

Good question. RCW 6.27 doesn't seem to address the issue specifically. It may be covered by the Federal law on the subject. If push comes to shove and they try that, you might have to apply to the court for a ruling and if you do I'm fairly confident that a judge would rule in your favor.

ChihuahuaMomma · Mar 26, 2010, 07:30 PM

Originally Posted by AK lawyer

Good question. RCW 6.27 doesn't seem to address the issue specifically. It may be covered by the Federal law on the subject. If push comes to shove and they try that, you might have to apply to the court for a ruling and if you do I'm fairly confident that a judge would rule in your favor.

Thank you!