Legal Question in Credit and Debt Law in Georgia
I am in the Navy at 25yrs old and married, after occuring some financial issues at a younger age,I have worked hard the past few years to pay everything back. I was down to dealing with one legal firm who deals with collections. I have been making timely payments to them for the last 9 months under our verbal agreement. Then on friday a garnishment was placed on my checking account for 6774 more than double what they wanted to settle for. The state of Ga awarded this and I have not been a resident of ga since Mar. 19 2010. I was never supeonaed to court or notified in any mannor what so ever. where do I stand??
2 Answers from Attorneys
A "verbal settlement" is usually worthless. Any settlement should be in writing, to avoid this very result. The garnishment also means you were sued and lost. No one here knows anything about the case. You can hire a lawyer to look into it, and even try to contest the judgment, but since you apparently owe the money you'd still likely lose and have to pay the lawyer. If the garnishment amount is the actual amount of the original debt, you might consider moving on and be glad the debt is paid. However, you will want to find out the amount of the judgment so you have no surprises later with other collection efforts.
You've omitted facts that happened, so you will get an inadequate answer.
Several points:
1. To have a garnishment, you already previously lost a lawsuit. You neglected to discuss that but once you lost they were free to do a garnishment at any time.
2. A verbal settlement is worthless, and does not negate a garnishment. In fact in not getting counsel you fell for an old collector's trick - lead you on while they get a judgment and then pounce on you. (You missed a great defense in not filing it - you might have stayed the case under the soldiers and sailors relief act. In waiting until now you made an enormous mistake).
3. At this point you need to retain a lawyer. You'll likely either need to pay off the judgment or file bankruptcy.