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Ask cfortunato Your Own Question
cfortunato
cfortunato, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 8023
Experience:  Areas of practice: Landlord/Tenant, Bankruptcy, Consumer Debt
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I got served with a judgement on an unsecured loan from Discover

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I got served with a judgement on an unsecured loan from Discover card. Can they garnish my wages on this unsecured loan and do I have to pay it back?

cfortunato :

Hi - my name is XXXXX XXXXX I am a Consumer Protection attorney here to assist you.

cfortunato :

A creditor can get a judgment only by going to court. Did you know about the court proceeding that resulted in Discover Card's judgment? In other words, did you receive a Summons from the court?

cfortunato :

Or was the notice of the judgment the first indication you had that Discover Card had gone to court?

Customer:

Yes

cfortunato :

Yes - you received notice beforehand?

cfortunato :

The reason I asked this question is if you did not receive notice of the court proceeding, you may be able to have the judgment vacated.

cfortunato :

If you cannot get the judgment vacated, then unfortunately, yes, the judgment holder (Discover Card) can garnish your wages.

cfortunato :

You can also call the judgment holder and offer to pay a portion of the judgment (perhaps up to 50% or less) in complete satisfaction of the judgment - to avoid wage garnishment.

cfortunato :

Most judgment holders will accept a partial payment as payment in full, as this is far easier for them than wage garnishment.

Customer:

I did contact them and they did not offer a lesser amount of settlement. They accepted $50 biweekly on the total amount. should I ask for a reduction on the judgement

cfortunato :

Most judgment holders will settle for a reduced judgment amount if you can pay that amount in full.

Customer:

Oh, I can't do that. So I just have to pay until it is paid off at $50 bi weekly, right?

cfortunato :

That would be best - to avoid garnishment. (Unless you want to file a Bankruptcy to have the judgment discharged.)

Customer:

Oh no. I do not want that. Thanks

cfortunato :

Paying $50 biweekly will probably be less than the judgment holder can take if they garnish your wages.

cfortunato :

You're welcome!

cfortunato and other Consumer Protection Law Specialists are ready to help you

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