If I’ve been notified that a judgement has been taken out on me and I have spoke with the collection agency/law firm collecting the debt, can I still ne garnished?

I’ve been informed that I had to pay $300 a month on a $4900 debt. I’ve explained my finances and have offered to pay $200 a month on the debt. I was told that I had to pay $300 or face garnishment. If I’m paying the $200 a month on the debt even though they informed me that I must pay $300, can tbey garnish my check?

Asked on January 22, 2013 under Bankruptcy Law, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The opposing party can proceed with the wage garnishment to enforce its judgment against you even if you are paying $200 per month unless there is a signed written settlement agreement between you and the opposing party to avoid a wage garnishment.  Since the opposing party is demanding $300 per month to avoid a wage garnishment, they will most likely proceed with the wage garnishment if you are paying $200 per month.

You might want to consider filing bankruptcy to stop the wage garnishment.  Your income and other factors will determine your eligibility to file Chapter 7.  A Chapter 7 bankruptcy is straight liquidation which eliminates certain types of debts.  If you are not eligible for Chapter 7, you can file Chapter 13; however, Chapter 13 requires a plan (budget) for payment of creditors.


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