Legal Question in Credit and Debt Law in New Jersey

I am paying monthly on a judgement with the courts as agreed. I recently received a letter from the collection firm that they are going to try for a wage garnishment. Can they do that if I am making my payments as agreed with the courts?


Asked on 1/22/11, 6:08 pm

1 Answer from Attorneys

Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

Who did you make the payment arrangement with? You seem to be saying that you made a payment arrangement with the court, but this does not seem likely. Any such agreement would be made between the parties. The courts can enforce such agreements made by the parties, but the courts do not make the agreements. If you are saying that you and the judgment holder (or their attorney) made an agreement whereby the judgment holder would refrain from making efforts to collect so long as you complied with a particular payment arrangement, then that is enforceable. But this would have needed to be documented in some fashion, typically in writing. If you believe that you had a payment arrangement and the judgment holder takes steps to make a motion for a wage execution in spite of your compliance with the agreed upon arrangement, then you should oppose the motion on the grounds that you were in compliance with the agreed upon arrangement. If they have not made the motion yet but have only threatened to do so, then I suggest that you discuss it with them to perhaps nip this in the bud and avoid the controversy.

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Answered on 1/27/11, 1:46 pm


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