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Can a landlord garnish my wages or start a collection process againts me if I am making monthy payments to him?

Billings, MT |

Landlord has a court judgement againt me for a months rent (and my deposit). I no longer live in the unit. I plan to pay him, but will have to do it in monthly payments. He will not agree to payments. He wants it all by the end of the month or says he will garnish my wages and start collections againts me. I do not want it to go to my credit report. Would it already be on my credit report?? What is the process? When would it be on my credit report? How long would it stay there?

Attorney Answers 3

Posted

Depends. Did you enter into a written agreement to that effect? If so, then no. However, if he filed an action and served you but you did not answer, then he may have legal grounds.

This is not meant to be legal advice but only a general response to a general question. Legal advice requires more attention to details and circumstances to be accurate and reliable. Do not rely on this response as legal advice. If you want legal advice about your matter, you must set up a consultation with this attorney by calling (406)756-911.

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Posted

"Did you enter into a written agrreement to that effect?" - What effect? I stated that he will not agree to payments. ? (Can he garnish my wages and start collections againts me? I do not want it to go to my credit report. Would it already be on my credit report?? What is the process?) I also do not know what you mean by "did he file an action and serve you but you did not answer"-? Are ypou asking me if he filed an garnishment? or a collections?? He did not serve me with anything like that. What would the time/process be? Can he just go the Court and file a garnishment? or collections?

Posted

An agreement concerning enforcement of a court judgment must specify whether or not the creditor is going to forgo wage garnishment in return for voluntary payments. Hope the agreement you have is in written because it is often said a verbal agreement isn't worth the paper it is written on.

Court judgments go on your credit report as a public record. You can't remove them & this information will remain on your credit report for a long long time. Hope this perspective helps!

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Posted

I would politely tell him that he can begin garnishing your wages but that your offer still stands, and if he will accept payments in lieu of garnishment, then you prefer that.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.avanesianlaw.com for more information about my services.

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