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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110492
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I received a notice of garnishment and interrogatories in

Customer Question

I received a notice of garnishment and interrogatories in the state of Iowa Harrison County this was for a judgement against me from Discover Bank I never received any paperwork about any court date this was many years ago that Discover Bank customer service and I talked about a payoff balance I sent the payoff balance and they told me that that was not the amount agreed upon and like I stated before those many years ago I do not know what to do about it the notice of garnishment and interrogatories does not have anything stating what I should really do it on the back like it states
JA: You're dealing with a tough issue. But don't worry -- you're in good hands. Because laws vary from state to state, could you tell me what state is this in?
Customer: I also forgot they have also garnish the wages all from One bank account
JA: Have you consulted a lawyer yet?
Customer: No I have not
JA: Is there anything else the Lawyer should be aware of?
Customer: The court was in Harrison County and I really do not live in Harrison County Iowa my actual home is in Burt County Nebraska
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If they obtained a default judgment against you, which is what it seems happened here, then you have to answer the interrogatories and provide the information they are seeking, since they are looking to collect the judgment. Even though you live in another county you have to answer the interrogatories if they obtained the default judgment.

Your only option besides paying them on the judgment or answering the interrogatories, would be to use a local attorney to file to try to get the judgment against you vacated based on you receiving no notice of the court date as you said, thus you lost your due process right to fight the case in court. Other than trying to vacate (meaning you would still have to go to trial and prove the debt is not valid), you need to fill out the interrogatories and then try to negotiate some settlement with the attorneys handling the case if possible.

Customer: replied 4 months ago.
I can negotiate a reduction and pay monthly until paid off?
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

You can negotiate a deal with the attorneys, it is up to them as to what they will accept, but you can indeed negotiate with them. Depending on how bad off your finances are, you could also threaten bankruptcy if they refuse to negotiate, telling them that getting a judgment against you would force you into bankruptcy and then they would get nothing, but they could push you to show your asset to show you could indeed qualify for bankruptcy based on your debt/asset ratio. Bankruptcy, if you can file, whether or not you do file or are willing to file, scares collection attorneys because if you do file because they will not negotiate means that they can get nothing for their client and it makes them look bad.

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