Legal Question in Credit and Debt Law in Georgia
Yesterday i had a default judgement for 8,000 vacated but the judge entered a new judgement for 850. I am low income and will not have the full amount until August. How can i petition the court for a payment agreement or installments? The plaintiff is currently garnishing my check for the 8,000 so I can not afford to pay until that is stopped. I have called the courts and was told there is no such process unless i mediate with him? How can I ask the court to order it? The court is in Fulton county magistrate court in atlanta georgia
3 Answers from Attorneys
Courts enter judgements and then it is up to the plaintiff to collect. It is extremely rare for a Court to do a payment plan or get involved in collection (beyond the legal issues involved). The time to make a deal was before judgment was entered and if the plaintiff can get paid through garnishment they have no incentive to stop until it is fully paid.
If the judgment was vacated, you should be able to file an appropriate traverse or pleading in the garnishment to stop it (although they probably will file a new one).
Courts almost never do payment plans unless the parties agree to one, so your time to work that out was beforehand and not now. With a pending garnishment the plaintiff has no incentive at all to stop and wait for you to pay later.
You can't petition the court to do what you want. There is no procedure for that in Georgia like there is for some other states. The time to work something out was pre-garnishment. Then you could have worked out a payment plan pursuant to whcih they would agree not to garnishm as long as you made your payments.
Sounds like there was a clerical error - judgment was supposed to be for $850 not $8000 so this was fixed.
The creditor can only garnish for 180 days. They can renew, but maybe before they do you will be able to get funds together to get this resolved.