Articles Tagged with Judgment

If you are being sued by a creditor and you don’t show up for court, the debt collector wins, right or wrong – they win and get a judgment against you. With a judgment the debt collector has the power to garnish your wages or seize your bank account, or any bank account with your name on it.

Don not ignore a summons or copy of a lawsuit if you are served with one. Contact a lawyer early on to find out what your options are. Knowing what steps to take and having the information to decide what is best for you is the most important thing to know. Dealing with any legal action can be overwhelming. It is crucial to speak with a lawyer regarding the options that exist for you.

A garnishment is an order from a court that is sent to your employer requiring them to withhold certain amount of money from your paycheck. This money is then sent to the creditor. Mississippi law limits the amount of money that your creditors can take from your wages to 25%. Most creditors are limited to the 25%, but some creditors like the IRS, State Taxes and Child Support are allowed to get more.

What Is The Process For Getting A Garnishment?

1. A creditor must file a lawsuit against you and serve you with a summons telling you to come to court.

To review the various clips of attorney Frank Coxwell’s appearances on the Fox 40 AM Show, click here to go to our Media page.  Mr. Coxwell discusses multiple topics on the show – the garnishment process, how to stop foreclosures in Mississippi,  how to deal with student loans, the pitfalls of the new “business” credit card offers, and more.

Frank on Fox Set 2Frank on Fox SetFrank on Fox Set 3

NO!!!  The lender cannot threaten or use criminal prosecution to collect.  However, the lender may file an action against you in civil court.  If you cannot repay the loan, you may request that the lender place you on a payment plan.  However, the lender is not legally required to grant your request.  If you wish to file a complaint regarding a payday loan vendor in Mississippi, please call either or both of the following offices:

Department of Banking & Consumer Finance – 1.800.844.2499

Consumer Protection Division of the Office of the Attorney General – 1.800.281.4418

Most of my clients come to me after a garnishment has been sent to their job. A few come to see me as soon as they are served with the lawsuit.  I wish they would come to see me on the day they get sued, but that is not always practical.

If you get sued or served with papers trying to collect a debt there are several things you can do.

1) Ignore everything and hope it goes away.