Legal Question in Credit and Debt Law in Maryland

My Rights

I was served papers from a law firm respresenting a credit card company, sueing me for approx $2500. The charge is in my name only. The case is to be heard in a different county than I reside in or the law firm is located in. Also they have threatened to garnish wages, which my only income is child support, garnish bank accounts, which all are joint. I am not married. The only thing I own is my car which is 14 years old. How should I procede?


Asked on 8/12/03, 12:36 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: My Rights

Child support cannot be garnished as it is not a wage. However, you may want to present negotiation of the amount due. Given the factual context of your circumstance, my fee for such negotiation is 10 percent of the amount owed. A repayment plan as well as a reduction in the amount of the debt owed is a possible outcome. In any event, you will likely need to appear at court; however, I question whether a defense of forum non conveniens applies based on the county in which the action is filed. An accord and satisfaction will avoid your need to appear; however, to arrive at a settled negotiation you must be able to present some funds to resolve the claim. Adverse credit reporting may occur as a result. Contact an attorney to assist you.

Joe Holthaus

(410) 799-9002

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Answered on 8/14/03, 4:21 pm


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