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I just recieved a notice of garnishment of property other than personal earnings......

Akron, OH |

I was struggling to make payments on a credit card but i never recieved anything that they were taking me to court . My balance is around $2200.00
would they accept payments on something like this..I can afford around $250.00 a month.........what shoiuld i do.........

Attorney Answers 1

  1. The Notice of Garnishment should contain a case number associated with it. That number should either be the original case number where the creditor obtained a judgment against you or its the case number where they certified the judgment in Summit County from another court. Either way that case number should lead you to a case where they obtained a judgment against you.

    If you honestly believe that they was never ever any judgment against you, you have only five business days from when you were served the notice to return it with an objection to the garnishment. Your basis would be that you do not believe any judgment was rendered against you.

    If a judgment was rendered against you, you need to retain a lawyer (perhaps call Legal Aid) to discuss ways that you might, even at this late juncture, challenge the judgment. Speed is of the essence either way. If a judgment was rendered against you, the creditor may seek to garnish both your wage income and non-wage assets to apply to their judgment until it's successfully vacated.

    I'd also contact the creditor's attorney and make your best offer for a payment plan to avoid garnishment. It helps if you put the offer in writing and be as realistic as you can. I think $250 a month is realistic, depending on how much interest is accruing every month. Be specific. $250 a month on the xth day of every month until paid in full. In return, creditor withdraws motion to garnish non-wage garnishments and stays any other collection efforts so long as payments are timely and fully made.

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