DoI need to attend a court date if my creditor andI are inthe process of negotiating?

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DoI need to attend a court date if my creditor andI are inthe process of negotiating?

Recently received notification of a wage garnishment went to court to request a modification. Now the company contacted me to accept less than what they were trying to garnish. Should I agree or attend my court date

Asked on August 10, 2010 under Bankruptcy Law, Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Both.  You need to go to court and to advise the Judge that you have entered in to negotiations with the creditor and that you believe that you have come to an agreement that you can both live with but that is has yet to be memorialized in writing to show to the court.  Ask for an adjournment as a control date.  Sometimes the court will ask you to enter in to an agreement right then and there.  The attorneys for the creditor may even have an agreement to pull out of their briefcase.  You can but read it carefully and make sure that you understand each and every provision.  If you do not ask for help from the court.  Since this is a garnishment you will not have to worry about late payments as long as your employer complies on time.  But is you lose your job that can be an issue correct?  So make sure that you have proper notice of any future proceedings in the event of a default and that they can not execute upon the judgment "immediately" in any other way.  Good luck.


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