Unable to Settle a Debt – Was Sued and Have Garnishment – What Can I Do?
I have a debt that is old and the company is now garnishing my wages since we could not come to a mutual settlement. The beginning amount was at about 3 thousand and now its at about 9 thousand.
Unable to Settle a Debt - Was Sued and Now Garnished - What Can I Do?
I suggest you find what your state garnishment exemptions are and see if your current income would allow you to petition the court for a reduction of what is currently be taken from your check or even eliminated all together.
Also, an original balance of 3k ballooning to 9k seems a bit excessive. How long did this account go unpaid prior to judgment? Who was the original creditor? Were you sued by a debt buyer? Who was the law firm for the plaintiff? How much of the 9k is legal fees?
Answering these questions and finding out how the judgment amount requested was calculated may help understand the excessive increase and may show the judgment amount to be unfair.
It is always best to negotiate a settlement with a creditor prior to it reaching judgment. You can still negotiate a pay off, but you are severely disadvantaged when they have a garnishment. Unless you can get the court, through your meeting some requirements, to reduce or eliminate the garnishment, debt collectors have little motivation to strike a deal with you as they are guaranteed to get paid as long as you are at that job. You may find you will need to offer something on the order of 75% of the balance for them to take your offer seriously (when a garnishment is in place).
I would recommend you seek the advice of an attorney to assist you in determining your exemption qualifications and to perhaps guide you. You can also answer my questions in the comment section below and I can provide more feedback. It would help to know what state you are in.
Anyone with questions or concerns about a wage garnishment, or a grossly inflated collection balance, is welcome to post in the comments below for feedback.
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