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my acct is being garnished and I would like to know if there

is anything that I should...
my acct is being garnished and I would like to know if there is anything that I should consider with this.
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Answered in 4 minutes by:
12/9/2011
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,877
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

 

Unfortunately, there's really no way to stop a garnishment except if you file bankruptcy and gain protection under the automatic stay. If you can file before the money is delivered by the bank to the creditor, you can stop it. Otherwise, the garnishment is going to happen.

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Customer reply replied 6 years ago
just a quick legal question, how do they come up with the amount of the payment to the garnishee? I originally borrowed $ 3,300 from the credit card in 2007 and now my balance is ~ $ 6,200 how can that be. They say interest and court costs and so on.

The amount is usually reflected in the judgment rendered against you. If the judgment was by default, the creditor would include attorney's fees, interest, late fees, etc. to come up with the number.

 

You can request a breakdown of the fees from the creditor to show how they came up with the balance due.

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Customer reply replied 6 years ago
is there any way to take this back to court as I was unable to attend the hearing in 2007 ?
Unfortunately, no. It is too late to challenge the judgment. You generally only have up to 1 year from the judgment date to challenge the decision.
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Customer reply replied 6 years ago
ok, one more question, the credit report says that the amount has been charged off by the credit card ? How can that be that it is charged off and they still want about double the amount of the original borrowing by myself ?
A debt being charged off doesn't mean that the debt has been erased. All it means is that the creditor has abandoned all attempts to collect and has sold the debt to a third party collection agency for pennies on the dollar.

I'm sure the garnishment was issued by some collection agency - not the original lender.
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Customer reply replied 6 years ago
how can the garnishment be for the original amount when I didn't even borrow that amount ? and the debt collector didn't even acquire it for the above said amount ? I'm sure that I'm asking far too many questions, and I guess you may or may not know the answer.
" Unpaid balance reported as a loss by credit grantor. Charge off ." Just seems unusual that it can be reported as a loss and yet twice the amt is required ?
The garnishment would be for the total amount due, which would be the borrowed amount, plus interest, late fees, penalties, etc. you've got 4 years of compound interest on the judgment that is likely a huge figure. Plus, there are likely attorneys fees assessed to you.

Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,877
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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