Judgement I was never served? Any option I have?

[Flyingifr]

And while you are calming down, please answer the following questions:

 

1: Does the Judgment Creditor know where you work? If you apped for credit while living in GA they probably do unless you changed jobs from the one you came to HGA for to another company.

 

2: If you have not yet moved your banking to a bank far away (preferably in a different State), do so. GA follows the Federal Garnishment rules I outlined above. A creditor cannot take your entire paycheck - not even the IRS can do that. A creditor CAN take your entire bank account balance but only if they can find it.

[simbaourkitten]

14 hours ago, marqedsade said:

The first thing you need to do is:

 

CALM

THE

HELL 

DOWN.

 

Nothing will change tonight, or tomorrow, or Sunday.  Calm down, take your time, collect your thoughts, and answer the questions.  The people here are knowledgeable, and they know how to fight this stuff.  Their advice is VALUABLE, but if you come off half-cocked, you get half-cocked answers.

Thanks for your advice... I have been in panic and becamse very scared to lose my job. I will try my best to calm down... Thank you all for your advice...

[simbaourkitten]

13 hours ago, Flyingifr said:

And while you are calming down, please answer the following questions:

 

1: Does the Judgment Creditor know where you work? If you apped for credit while living in GA they probably do unless you changed jobs from the one you came to HGA for to another company.

 

2: If you have not yet moved your banking to a bank far away (preferably in a different State), do so. GA follows the Federal Garnishment rules I outlined above. A creditor cannot take your entire paycheck - not even the IRS can do that. A creditor CAN take your entire bank account balance but only if they can find it.

Thanks for your advice. 

 

1. I think I applied for credit maybe few times but those applications were all rejected. I changed my job when I moved to GA. During the time in GA, I didn't.  In this situation, do you think they still can  know my work?

 

2. I am using an online bank (no physical branch) - is it OK?  For the garnishment, I understand they cannot take enntire, but maybe 25%? 

Edited October 12 by simbaourkitten

[simbaourkitten]

 

 

I think the advice from all of you is to contact the debt collector and ask for payment plan (correct me if I am wrong).

Would you advice any tip or strategy to speak with them?  For example, what to say, what I should not say, and what percentage (of total debt) I need to propose, etc.  Thanks...

Edited October 12 by simbaourkitten

[simbaourkitten]

One more question, please... What should I do if the debt collector do nor respond to me or refuse the payment plan (e.g., insist garnishment, insist to pay the full, etc.)?

Edited October 12 by simbaourkitten

[Why Chat]

OK-- do NOT panic. Check the Court records of your CURRENT County in GA. see if anything has actually been filed to domesticate the TN judgment. 

IF there is an actual filed "domestication" look to see if you have been served IN GA.

https://search.gsccca.org/Lien/namesearch.asp

 

You would be better off getting a consumer lawyer to respond than panicking.

https://www.consumeradvocates.org/findanattorney/

[Flyingifr]

2 hours ago, simbaourkitten said:

I think the advice from all of you is to contact the debt collector and ask for payment plan (correct me if I am wrong).

Would you advice any tip or strategy to speak with them?  For example, what to say, what I should not say, and what percentage (of total debt) I need to propose, etc.  Thanks...

 

One more question, please... What should I do if the debt collector do nor respond to me or refuse the payment plan (e.g., insist garnishment, insist to pay the full, etc.)?

If you were me, you would already know what they can get from a garnishment and you have already moved your banking to someplace where the creditor cannot find it. Once you have done that, the cat and mouse game begins. It's all a matter of negotiation, and here are some ground rules I think might help you:

 

1: They will want a down payment, and as large as they can get from you. If you agree to that part, DO NOT SEND A PERSONAL CHECK!!!! If you do, they will immediately know where you bank, and you can kiss that bank account goodbye.

 

2: Get the entire agreement in writing, signed by a responsible corporate office if possible. If the agreement isn't in writing, there is no agreement. The agreement should stipulate the following: (a) the total amount to be paid, (b) the agreed payment terms - amounts and dates, (c) that the creditor will take absolutely NO collection action as long as you are abiding by your part of the agreement, (d) a confidentiality clause that prevents them from posting a negative TL on your credit report along with a liquidated damages clause that is at least 5 times the amount of the Judgment and (e) Upon completion of the settlement terms they agree to remove the TL from every credit bureau. You may not get all of this, but you should see that a, b, c and d are by far the most important.

 

3: If the monthly payment thy demand is more that then can get from a garnishment then you should refuse the terms.

 

4: If you have other debts you are juggling, that you are or should be talking with a Bankruptcy attorney. All it takes is one of them to upset a very delicate balancing act.

[centex]

Before doing ANYTHING, you need to get a COMPLETE copy of the Clerk's file. Expect to pay anywhere from a dime to a dollar per page, but unless you have the complete file, you are fighting a fight with no bullets to chamber.

 

In the time while you wait for the copies to arrive, you need to be looking at the statutes for your current jurisdiction as well as the one where the case was adjudicated. Again, you NEED to know the law before figuring out what options may exist.