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Thanks for your question and good evening.My sympathy here for the situation.Was the daughter here on the note for the house just not on the title??Has the lender here gotten a judgment through foreclosure?Can you give more more information here so I may chat with you.
If you can give me some more information I will be happy to try and help you.
No. My Daughter was not on the note.
So was she sued here by the contractor--do they have a judgment?Is she still living there??
I appreciate you taking the time to give me some facts, take your time..
I am trying it understand why they are trying to hold her liable and who "they" are here.
Her husband purchased the house. They had a very bad water damage. The toilet was backing up because big rain and some other problem. They called DRY to clean up the mess. Dry did the job but the Insurance company was not satisfied with the job. The insurance told my Daughter, to call different contractor. They did. The new company did the job and the Insurance company was happy and paid the second contractor. So Dry take my Daughter to arbitration. Arbitration said they owe Dry $10,000.00 (Originally Dry asked $43.000.00)
Yes they (my Daughter, and Her husband and the baby) still living in the house.
Unless they actually sue her here based on the contract and get a judgment they cannot garnish her check.Here they are agreeing to greatly reduce the disputed amount but sounds like they are seeking agreed garnishment rather than through the courts.She does not have to agree here if she cannot afford it.
The DRY folks may sue her next and get judgment.She might be looking at bankruptcy here--Chapter 7 to discharge such a debt.
Colorado does allow a judgment creditor to seek court ordered garnishment.
Here is the law on that.
wage, these wages will be exempt from garnishment
Sorry this got jumbled.It's 25% of her disposable earnings amx.
And they have to sue and win here.Otherwise unless there is some kind of judgment they cannot force her to garnish.It sounds like they are trying to get her to agree to do this voluntarily.
I am wondering if she wants to consider Chapter 7 here to discharge the debt.She may want to talk to her lawyer about her options.
She offered to pay a monthly payment but payment but if they garnish Her paycheck, She have to file bankruptcy.
I understand.Long term she may be better off to do so and start fresh.I mean otherwise they are going to slowly force her into it.
I sure would have her consider at least talking over Chapter 7 with a local lawyer.
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You are so welcome.I wish her the best in all of this.If you can leave a positive rating it is much appreciated.
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