What can I do about my payments to a collection agency? 9 Answers as of February 21, 2014

I received summons in July 2013 from collections agency said I had 30 days to answer. I began making payments to them in August and have done so regularly. Today I received summons attempt to garnish my wages for twice original amount that I owed. If I have been making regular payments which they have accepted how can they garnish my wages? I called the agency they said original summons said had 30 days to pay in full it does not it says 30 days to answer.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Without seeing the documents, I can't say for certain. If you were served with a summons and complaint and you did not file a written answer, the opposing side can get a default judgment. Once they have done so, they can garnish your wages.
Answer Applies to: Washington
Replied: 2/20/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If you have no agreement in writing then you will have a problem. You should have had written terms of your repayment.
Answer Applies to: New York
Replied: 2/20/2014
Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
Depending on how much you owe, you should at least talk to a bankruptcy attorney. Filing for bankruptcy stops garnishments and usually causes a refund of some of the funds already garnished.
Answer Applies to: Arkansas
Replied: 2/20/2014
Mark S Cherry, Attorney at Law, PC
Mark S Cherry, Attorney at Law, PC | Mark Cherry
They obviously obtained a judgment. You can try to file a Motion to vacate the judgment. You will need to show "excusable neglect" and a "Bone fide defense." You should consult with a bankruptcy attorney or try to settle the judgment if you can.
Answer Applies to: New Jersey
Replied: 2/20/2014
SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
You had 30 days to answer the complaint, and when you didn't you went into default on the case. From that, the collector obtained a judgment by default. So now they have a judgment against you. Even though you are paying the debt, it does not stop them from obtaining the judgment and pursuing what remedies the law allows, such as garnishing wages or seizing assets. If you would have contacted them and made a deal to pay first, then it would be improper for them to go forward with garnishment. But that would be only because you came to an agreement. In your question, it does not seem like you came to an agreement with them , just made payments in an amount determined by you.
Answer Applies to: Illinois
Replied: 2/20/2014
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    I suggest speaking to a Lawyer about your options to file Bankruptcy.
    Answer Applies to: New York
    Replied: 2/21/2014
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    The summons directed you to appear in court if you did not want a default judgment entered against you. Apparently you did not and the court entered a judgment against you. Unfortunately this is a common mistake people make calling up the agency and agreeing to payments does not prevent entry of a judgment. You need to file a motion to vacate the judgment under section 2-1401 of the Code of Civil Procedure on the ground that you were deceived into allowing the entry of the judgment and are not being given credit for payments. I do not know what a judge will do with such a motion. You should also copy the court file and see if there is anything else in there that you did not agree to.
    Answer Applies to: Illinois
    Replied: 2/20/2014
    Consumer Law Center, Inc.
    Consumer Law Center, Inc. | Fred W. Schwinn
    Receipt of a Summons means that you have been sued and the time for simply making payments is gone. Making payments after you are served with court papers is like flushing money down a toilet. When you receive a court Summons you need a lawyer, immediately. Because you did not file an Answer with the Court within the 30 days after you were served, the creditor received a judgment against you by default from the Court. This means that after 180 days have passed, you can no longer object to or challenge the amount claimed by the creditor. If it has been less than 180 days since the entry of default, you should contact an experienced collection defense attorney immediately to see if the default judgment can be vacated do to excusable neglect.
    Answer Applies to: California
    Replied: 2/20/2014
    Law Office of Joshua R.I. Cohen
    Law Office of Joshua R.I. Cohen | Joshua Cohen
    Hire an attorney. Sounds like they got a judgement because you didn't answer. Making payments didn't stop the lawsuit.
    Answer Applies to: Connecticut
    Replied: 2/21/2014
Click to View More Answers: