Have Legal Questions? Ask a Lawyer Now.
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
While it's not necessarily correct to call it "greater" recourse, the creditor could sue you if it feels that you're not paying it off quickly enough. Now assuming that they do and are successful in the lawsuit, they most likely would only be able to garnish your pay, and only to a certain extent.
Federal law places limits on wage garnishment amounts. However, Maine law imposes even stricter limits. This means that in Maine, the most that can be garnished from your wages is the lesser of:
“Disposable earnings” are those wages left after your employer has made deductions required by law.
Example. You take home $1,000 per week, after taxes are deducted. 25% of your disposable earnings is $250, and your disposable earnings less 40 times the federal minimum wage is $710; thus, the lesser amount ($250) can be sent to your creditor to repay your debt.
(that would continue until the judgment was repaid)
As a result, if you're paying around what they could garnish from you, or even slightly less, they're not going to "rock the boat" by actually suing, especially if you're on the brink of bankruptcy (which could forgive the debt). Rather, while they might call you and threaten suing, etc... they probably wouldn't do so if there was a good steam of income to pay off the debt.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!