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I’m Making Payments Through The Court But Now Getting My Pay Garnished. – Brandy

Brandy

“Dear Steve,

This is my situation, I took out a christmas with the intentions to pay it back. I quite did not get much back form my taxes and was not able to pay it right back. The owner filed small suit on mine and my husband’s behalf, and the only thing that I can do is pay on the loan a little at a time. Well, now, I learned that they filed garnishement on my behalf, I am scared that she will the same thing for my husband, to file garnishement on his wages. But the company does not know where he works, can the company run his social security number to find out exactly where he works? can they legally garnish my check eventhough i am paying on it through the court?

Brandy”

Dear Brandy,

I am confused. Either you did not have a mutually approved repayment plan or the creditor is attempting to collect twice from you. My best guess is that the small payments you are making were not satisfactory to the creditor and so they pursued a judgment and then a garnishment through the court to remedy the situation.

If you feel the creditor is garnishing your wages in error and you are making payments they agreed with then you should contact the creditor and bring this issue to their attention so you can stop the payments and just let the garnishment run its course and get this matter cleared up.

I doubt they would do anything with your husband now that they are garnishing your wages.

How much is this loan for?

Please update me on your progress by posting updates here in the comments section of your question. I’m very interested in how this works out for you.

morehelp1

P.S. Be sure to read ‘The Secret of Surviving Through Difficult Economic Times. What I Learned On My Journey‘.

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About the author

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.

2 Comments

  • The past 4 years I have been making small payments through the court for a Capital One bill. I received a letter from a collection agency threatening to sue me for the balance. I have not missed a payment in the 4 years. I only receive SSDI and a widows benefit and have no assets. I was under the belief as long as I was making payments there was nothing they could do to me.  

  • Hi Steve,

    I am sorry to confused you. But, I did try to contact the company and make payment arrangements with them, but I was told that they don’t do payment arrangement. This loan is through a local Tax Preparer’s office. So that’s why she took me to court and had judgement on my behalf. And I guess you are right, small payments that i’ve been making was not satisfying her that’s why she filed garnishement on my behalf. I originally borrowed $500, but with the court fees and interest it is now $844.00, but I have brought the amount down to $528.00. I am still paying on it little at a time, because I talked to the circuit clerk and he told me that it will faster for her to get her money with me paying everyweek than to garnish my check.So I’m just sitting back now and do what I need to do to show the court that at least I am trying to pay this money back.
    Thank you for advice. It really made me feel better and made me look at the situation differently. Because I know that the “Good always prevails bad”

    thanks again,

    brandy

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