Debt collector.... attorneys office

Asked about 6 years ago - Westminster, CA

I have a judgement against me for 12k,.I hav told the reps handling my case that I am making small payments , while saving up for the 50% pay off that was offered to me(in writing with no exact expiration). Now they have frozen my bank acct and sent the paperwork to my boss to garnish my wages and refuse to accept the 6k they have already taken as full payment like the offer said they would..I have explained to them I wanted a few extra dollars in the bank so I wasnt broke when I paid them off. what can I do?

Attorney answers (1)

  1. Jonathan Gregg Stein

    Contributor Level 11

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    Lawyer agrees

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    Answered . This is going to turn on what the offer letter says. If the offer really did not expire, you can make an argument that it is paid in full. However, at this point, you would need to file a claim of exemption to stop the wage garnishment. You should have been served with a copy of the notice. You can find the forms at www.courtinfo.ca.gov/forms along with instructions for completing them. You should also have the paperwork reviewed by an attorney to see if you might have any other arguments, including potentially Rosenthal Act violations or FDCPA Violations.

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