I recieve a letter of writ of garnishment continuing lien of earnings from the superior court involving myself and suttell & associates (capital one bank). The total amout of garnishment is over three times the amout of the original bill. They contacted my payroll department already, and cc the correspondance to me. The problem here is despite multiple requests to suttell, I never recieved bills, only every couple of months some kind of legal threats, court letter. Although never recieving a bill, I went to the address on an old court order to try to set up payment arrangements. They said I could pay 100 per month, at that time I asked them to send me a bill every month, or even let me sign something... nothing. when it was time to pay my first payment, still no bill, I used the address on the old court order and mailed a check along with a letter asking for a bill. I sent this certified mail. I lapsed on my payments since march 2010, after making a total of 6 payments, and they contacted my job. When I called them reguarding this letter, they said they sent me a letter to appear in court 7/23/10.. I never got a letter, if they sent it by mail, why didn't i get that and I got this one. I'm confused and lost, what can I do?
State/Country relating to Question: Washington
I only tried getting something in writing from them reguarding settling the bill, at least so i can have something to show my balance reducing with each payment. I went to the office, i called and asked several times, and i sent a certified letter requesting bills showing that we have an arrangement to pay 100.00 monthly. i recieved nothing. this is the first time i am seeking help because i'm lost. I could possibly loose my job over this and i feel this is not being handled professionally in terms of record keeping on my behalf, they are not sending me anything, except threats. I never got a letter to appear in court for 7/23/10, yet judgement was brought against me. I just feel that i am not informed properly to be given a chance to even try.
Creditors often do not send notice of the court hearing, even though they claim that they did. It is much easier for them this way.
In any event, since you did not show up for the hearing, the creditor was able to get a "default judgment", which was then used to get the wage garnishment order. You can have the judgment vacated by going to the clerk at the court that issued the judgment and wage garnishment order and asking to file a "Motion to Vacate Default Judgment". You will be given a date for a hearing, and if the judge believes you were not served the original Summons for the 7/23 hearing, the judgment has to be vacated. While in court, you will also be able to re-negotiate a payment plan with the creditor.
Here is a tip - if the creditor thinks you are planning on filing a Bankruptcy - which can completely eliminate this debt - the creditor will be more likely to work with you.
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