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I Got a Salary Garnishment from Discover Card. – David

“Dear Steve,

I quit paying on my Discover Card back in 2001 because the company I was paying 75 a mo. to scammed me and the balance actually went up after fees and such.

I do admit I owed about 1100. left on it but because of the situation I stopped.

Now in Oct. another company Weltman, Weinberg and Reis sent me a notice phone calls repeatedly etc. to pay 2200.00 I received certified letter in Jan. 2011 to show up for a Instant Summary Judgement. I went to plead not guilty they never showed but the majestraste granted trial anyways.

Even though no one was there to present evidence on behalf of them. He said the Interrogatories was enough but I never filled out them as they were to personel.

Then I never get another thing until about a mo. ago I received a statement saying they held the hearing and the debt people won.

I called the court and was told to send in a appeal letter I did.

Now Saturday Aug 13 I received a Garnishment affid avate! Now it’s up to 3200.00 as there charging for interest fees etc! What do I do and is it feasible to hire an Attorney? I need quick answers. I’m married we both work but my work is sporadic.

David”

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The Answer

Dear David,

It sounds like you owed Discover, stopped paying, and interest and late fees were added.

Then there was a court hearing and the judge decided on the information submitted by the law firm and you did not fill out the paperwork.

The the law firm went after a wage garnishment which they won.

If that’s all correct then besides the late fees and interest that built up since you last paid I’m sure there were some additional legal fees added on as well.

The increasing balance sounds typical.

At this point your options are:

  • Pay the creditor off.
  • Negotiate a payment plan with the creditor outside of the salary garnishment. They are unlikely to do this since they already have a salary garnishment.
  • Deal with the salary garnishment.
  • Consult with a local bankruptcy attorney and file bankruptcy to end the wage garnishment.

You are so far down the path on this process you’d have to find a local attorney if you wanted to try to overturn the suit at this point, unless you felt confident enough to try those legal manuvers.

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

I Got a Salary Garnishment from Discover Card.   David
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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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