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if a collection agency has a judgment agaisnt you can they

 
Debra Thal's Avatar
  • Answered by:Debra Thal
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Customer Question

if a collection agency has a judgment agaisnt you can they garnisah your wages and lean your home?? or are these just scare tactics?? How often do they have to go back to court to keep the judgement current and is it true they can only garnishee one day and then they have to go back to court to get an order to do it again?

 

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Province/Territory relating to question: British Columbia

Already Tried:
This is my husbands debt but in a divorce I said I would take it on because my lawyer said they would settle for less i offered 10,000.00 for a 32,000.00 credit card debt. Now they have a judgement for 42,000.00 and are going after my x husband saying they will garnishee his wages and lean his trailer

Submitted: 382 days and 16 hours ago.
Category: Canada Law
Value: CA$39
Status: CLOSED

Accepted Answer

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Expert:  Debra Thal replied 382 days and 16 hours ago.


Debra Thal (username) :

Once they have a Judgment it can most assuredly be enforced.

Debra Thal (username) :

And they can garnish his wages weekly until this debt is paid off.

Debra Thal (username) :

They can also lien any of his assets and can also seize and sell them.

Debra Thal (username) :

This is not a scare tactic.

Debra Thal (username) :

This is exactly what they are going to do now.

Debra Thal (username) :

There would be no reason to sue if Judgements cannot be enforced so they most assuredly can.

Debra Thal (username) :

As you agreed to take the debt on you owe your ex-spouse this amount of money and so he can get an Order against you and have your wages garnished, register liens, seize and sell your assets etc.

Customer :

I have 10,000.00 the original offer how do I deal with making a offer to them

Customer :

is it true that they can only garnishee once then they have to go back to another court order to do it again

Debra Thal (username) :

No it's not true.

Debra Thal (username) :

They will set this up so it comes off each paycheque.

Debra Thal (username) :

I don't think you can make an offer now.

Debra Thal (username) :

They have a Judgment.

Customer :

how do I find out how much they are willing to settle for

Debra Thal (username) :

There is no motivation on their part to settle.

Debra Thal (username) :

$10,000 was not reasonable when you offered it as that is no where near what he owed.

Customer :

???? I do not have the full amount and i am a senior on a fixed income

Debra Thal (username) :

I don't think they will bother to discuss this now as they have all they need.

Debra Thal (username) :

They don't care about your situation.

Customer :

what do I do then

Debra Thal (username) :

I don't know.

Debra Thal (username) :

You better try to work out something with your ex.

Customer :

if I do not give them something they will take my x's wages and he will take me to court for not paying

Debra Thal (username) :

At this point they are going to take his wages no matter what.

Customer :

the only reason i took it on was my lawyer said he could get it down to 10,000.00 and I could afford that

Debra Thal (username) :

They will do that until the Judgment is satisfied.

Debra Thal (username) :

Then call your lawyer as the $10,000 was not the least bit realistic

Customer :

you mean itdoes not go to collections and a person can deal with it

Debra Thal (username) :

I don't know what that means.

Debra Thal (username) :

Please clarify what you just said.

Customer :

I took him to samll claims court and he offered 2,000.00 it was a joke I did not even know if i could counter the offer or not and was told by the judge to take the offer or go to court

Customer :

I thought a collection agency would be calling and I could deal with them but this girl from the lawyers office would got the judgement is calling x

Debra Thal (username) :

The debt is your ex's.

Customer :

who got the judgment sorry about the wording

Debra Thal (username) :

They cannot deal with you.

Debra Thal (username) :

Your ex can go after you.

Debra Thal (username) :

They cannot.

Customer :

yes it is a credit card debt but in the divorce on the advice of my lawyer I took it on becauce he said he could get it down to 10,000.00 and that is what i could afford

Debra Thal (username) :

You are not their concern. It was not your debt.

Debra Thal (username) :

I know you agreed to pay the debt for your ex and that is why he can sue you.

Debra Thal (username) :

But you are a stranger to the credit card company.

Debra Thal (username) :

That is why they could not sue you.

Debra Thal (username) :

Your agreement with your ex has nothing to do with them.

Customer :

yes this is what I am afraid of if he takes me to court it is just more money I do not have or I go to jail if I pay them off in full it is all I have for the rest of my life

Debra Thal (username) :

So he owes them the money .

Debra Thal (username) :

You aren't going to go to jail.

Debra Thal (username) :

But you do owe your ex the money.

Debra Thal (username) :

If your relied on your lawyer call the lawyer and say you relied on him and now you are going to be sued.

Customer :

I can't give him the full judgment amoount won't they deal for a lower amount that is what the bank did for my x over a over drawn account he paid only half the amount

Debra Thal (username) :

I doubt they will but he can certainly try.

Customer :

I can't do that because I took him to court to see if he would give me enough money that I could add to what i had and maybe they would settle

Debra Thal (username) :

They may prefer a lump sum payment of close to what is owing.\

Debra Thal (username) :

But this should have been addressed before the got the Judgmeent.

Customer :

close it was originally 32,000.00 and then my lawyer stopped the process of judgment and it went on for another year and the judgdment they finally got was 42,000.00 and he told me it was in collections and he could get it down to 10,000.00 but it was not it was in a lawyers office waiting to go to court

Customer :

well I tryed with my lawyer he made the offer but they would not come back with a counter so here i am looking at contempt of court when my x takes me to court

Customer :

i really have to be honest i do not rust lawyers after this I paid 37,000.00 for this divorce and it will not go away

Debra Thal (username) :

No one can force someone to settle and there is no reason why a credit card company would throw away $22,000 when there is someone who is working with assets.

So the lawyer was not realistic.

You relied on his advice.

Debra Thal (username) :

So tell him that he was your expert, you relied on him and so you are not going to incur significant damages because you relied on his legal advice.

Customer :

his lawyer allowed him to sing the divorce knowing that the debt could not become mine, so my x did a deal with his lawyer and he got 9,000.00 taken off his bill, but i was not so lucky

Debra Thal (username) :

Say it in a way that makes him worried you may file a complaint against him or sue him.

Customer :

yes my x has assets and so do I . I bought a condo and my husband has properties that I walked away from jus tto end this i am in a real mess and I just do not know how to deal with it, I cannot go back to my lawyer after I took him to small claims

Customer :

I cannot sue him I signed papers after going to small claim saying it was over

Debra Thal (username) :

I see.

Debra Thal (username) :

I don't know of any solution to this problem aside from paying the debt because it's your debt unfortunately.

Customer :

this is a mess I do not want to get another lawyer involved since that would be costly but i am loosing sleep waiting for the baliff to knock on my door if i go to court I have enough money to pay the whole amount but that is all I have for the rest of my life I would have to go on welfare to live i am disabiled so cannot work i have a bad heart condition

Customer :

I thank you for your time, if you think of anything to help please send an email

Debra Thal (username) :

OK

I am sorry about this.

Debra Thal (username) :

If we are done please click accept.

Debra Thal (username) :

This authorizes the site to pay me my portion of what you paid them.

Expert TypeLawyer
Category: Canada Law
Pos. Feedback: 98.2 %
Accepts: 37835
Answered: 4/28/2012

Experience: Lawyer

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