Debbie Brown
New Member
- Jurisdiction
- Maryland
How do I answer a garnishment
-
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Garnishment against me
- Thread Starter Debbie Brown
- Start date
army judge
Super Moderator
A garnishment issues after a trial has been held for a debt you owe.
Once the trial is over, a judgment issues.
Once the judgment issues the creditor attempt to enforce (as in collect) the judgment.
Did a judgment issue against YOU for a debt?
If a judgment has been issued, you have three options.
One, sit back and watch a portion of your wages go periodically to satisfy the judgment.
Two, quit your job, which TEMPORARILY cuts the flow of cash to the debtor, but also to YOU.
Three, file a chapter seven bankruptcy which could eventually cause most judgments to be cleansed from your record and thwart the debtors efforts to get paid.
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How does a judgment work in Maryland?
Let's say your take home pay is $500 per week after taxes and you reside in Queen Anne's County.
If so, 25% of your disposable earnings = $125 and your disposable earnings less 30 times the federal minimum wage equals $282.50.
Your creditor can take the lesser amount, that being $125 per week until the judgment has been fully satisfied.
YMMV depending upon your weekly take home pay!
Debbie Brown
New Member
I was not notified of a trial and this is the second time they've come after me for the same debt. They garnished my account in 2015 a nd collected over $8000.00 and this garnishment says the date is 2013 when this money was owed. They already collected this money. I receive SSN benefits and work part time. They said I have 30 days to respond, but it's dated 02/26/19. I received it 2 days ago in regular mail,
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army judge
Super Moderator
If this is a privately owed debt, your social insecurity transfer benefits can't be levied against.
You can quit the part-time job and the debtor takes nothing.
Its probably too late to get the $8K they stole from you now, but if you want this debt erased forever, a chapter seven bankruptcy is the FASTEST way to get these thieves out of your life.
In fact, you can file your own BK or hire a lawyer to do it for you.
The moment the BK is filed with the federal bankruptcy court an injunction is issued by the federal judge which immediately halts the thief and all others from stealing a dime of yoru money!
adjusterjack
Super Moderator
Then I strongly suggest you go to the courthouse and get a complete copy of the file to find out what happened. It's possible that you got served without knowing it. It's also possible that the process service was fraudulent. You won't know until you have the file. If the Affidavit of Service was fraudulent you might be able to have the judgment set aside. Although too much time may have passed to do that.
Make sure you keep the envelope that shows the postmark date.
You answer the garnishment by filing a motion to quash the garnishment. You will, of course have to have good cause. Whether you do or don't is unclear until you get your court file.
Judgments are often enforceable for 10 years and can often be renewed so you can count on this continuing to happen. Each time it does the debt will only be larger with added fees and costs.
Debbie Brown
New Member
What will happen when the garnishment hits my bank account, how do they decide what is my SSN and other monies wiall this freeze my account. How are they continuing this past the statue of limitations, which Is three years. Why has the court not stopped this?
Debbie Brown
New Member
How do I file a quash the garnishment? I live in Jacksonville NC and this is in MD.
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army judge
Super Moderator
Interesting question OP.
Judgment creditors can garnish or levy funds in your bank account in order to collect on their judgments.
Under the law, however, your social insecurity transfer payments are exempt, or protected, from garnishment and any other actions taken by debt collectors.
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I suggest you simply arrange for any EARNED income to be deposited into ANOTHER account at ANOTHER bank or credit union.
In other words, ONLY deposit your social insecurity benefits into the account, no other funds if you don't want to fight to get your benefits back.
army judge
Super Moderator
Sigh, I wish I had known that earlier.
How much does the thief say you owe his scammer firm?
Quit the part-time job, and your issues are over.
Your social insecurity bennies are untouchable, even to some extent by Uncle Sammy and his IRS thieves.
Your social insecurity is off limits to all others, unless you comingle SS bennies with other income.
If you get a new part-time job, get a check or have the money deposited in a new account that your SS money is NOT deposited into.
As far as quashing the scam judgment, you'll probably need a lawyer to do that for you.
BUT, there is always bankruptcy which will make the scammer's judgment useless, and that will get the thief out of your pocket.
Debbie Brown
New Member
Can I file my bankruptcy on my own? The amount was $5049.00 in 2013 and now it's $8900.00 they have added interest, but no mention of the $8000.00 they collected in 2015.
army judge
Super Moderator
Is your social insecurity benefit due to an illness, injury, or disease?
Is your social insecurity benefit because of old age, as is mine? (LOL)
Is your social insecurity benefit because you are a widower or widow?
Is your social insecurity benefit because you ate financially distressed, as in SSI benefits?
The type of benefit matters.
I also know that Jacksonville. NC is home to many active and retired USMC and US Navy personnel.
Yes, that is a pro se bankruptcy.
Even if you're working, that would also suspend any and all collection efforts against your earned income, too.
Read about the pro se BK process here, the first link includes a set of instructional videos, which are great:
Pro Se Videos | Eastern District of North Carolina | United States Bankruptcy Court
https://www.nceb.uscourts.gov/sites/nceb/files/ProSeGuide.pdf
Filing Without an Attorney* | Eastern District of North Carolina | United States Bankruptcy Court
North Carolina Bankruptcy Legal Aid & Pro Bono Services - Justia Lawyer Directory
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