Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hi - my name is XXXXX XXXXX I am a Consumer Protection attorney here to assist you.
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?
Or was the notice of the judgment the first indication you had that Discover Card had gone to court?
Yes - you received notice beforehand?
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.
If you cannot get the judgment vacated, then unfortunately, yes, the judgment holder (Discover Card) can garnish your wages.
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.
Most judgment holders will accept a partial payment as payment in full, as this is far easier for them than wage garnishment.
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
Most judgment holders will settle for a reduced judgment amount if you can pay that amount in full.
Oh, I can't do that. So I just have to pay until it is paid off at $50 bi weekly, right?
That would be best - to avoid garnishment. (Unless you want to file a Bankruptcy to have the judgment discharged.)
Oh no. I do not want that. Thanks
Paying $50 biweekly will probably be less than the judgment holder can take if they garnish your wages.