Credit Cards, Rating, Repair bank garnishment in florida?

[dc714]

Hello, wow I just read that last conversation. I would like to ask about my garnishment, hopefully it will be smoother than the last one. Two days ago I found my checking and CD account frozen due to garnishment from a credit card debt. I did extensive research. I was told by the collection/credit card co. (Asset Acceptance) that they issued a judgemnent in March of '08, they say that it was given to someone in my apt. who would not give their name. I know for a fact that I did not accept anything from anyone and that there was no one else in my residence (I keep my daytimers, schedules, etc for at least 5 yrs., I'm in sales). I am planning to go to file for a hearing. Although, I do not qualify for any of the exemptions listed this has put under extreme hardship ~ I cannot pay rent, utilities, buy groceries, gas...live! I am completely wiped out with no other credit. This can also jeopordize my job, as I have to spend money to work. Note on bank accounts, one was my everyday personal checking for bills, expenses, etc. The other was a CD that was in mine and my sister's name and although I did originally deposit the money into it a majority of it was used to help her through making ends meet...she has cancer and what was left was there for that purpose in the most part. Do I have any chance of fighting this? I am questioning the issuance of the judgement and the extreme hardship. And, of course, if you know of anything else that can help....PLEASE. I have surely made mistakes along the way and am willing to work with Assets Acceptance but this is going to ruin my life. Many thanks..

 

[Michael Wechsler]

My thought - a default judgment was issued against you. While you can try to file a "motion to vacate judgment" to reopen the case, your chances of success are probably close to zero unless you can prove that service of process to you never took place. The first thing to do is to see if you can obtain a copy of the service of process that was filed with the county clerk. Is it worth all of this trouble? It might be only if you can convince this collection agency that you can undo the judgment and force them to bring another case against you just to get the money.

In the end... you may be best served by settling with the company and try to explain to them that they will not get blood from a stone, especially when you can't earn money to pay it off. Be prepared to be asked to come up with some lump sum amount quickly - that's the way many of these places work. Any type of "payment plan" they offer will have to be in writing and frequently does not work to your benefit. Remember, they are used to hearing poverty stories and pleading every day. If they do agree to a lump sum (and you can try to be aggressive to reduce it significantly), then get a full release of all claims in writing.

Best of luck to you. This one isn't going to be easy but at least this might help you feel more prepared to handle it.