My question involves collection proceedings in the State of: Personal Info.
Hello Expertlaw Forum,
A judgment has been ruled against me and I now owe about $10K and am trying to work out payment. I would like to set up a payment plan with the creditor (lawyers basically). In case they try to get nasty with me, I would like your confirmation to see if I understand the following correctly:
Wage Garnishment. My state allows a maximum of 25% wage garnishment. Would my spouse's wages be included here?
Bank Levy. My paycheck is direct deposited into my account and I have a little money in the bank also. If I were to reroute my paycheck and transfer the money to a relative's account (not my spouse), the account of the relative could not be levied, correct?
Lien. We are paying off our home, but do not plan on selling or refinancing. Is there anything I need to be worried about lien-wise?
Payment. I plan on offering to pay a monthly amount of more than 25% of my wages. That way, if I pay regularly, the creditor has no incentive to go through the process of garnishing wages. I also plan on letting the creditor know that what I pay is more than the state-regulated 25% maximum of my wages and that I have little to no money in bank accounts, so a levy wouldn't be useful. I don't have any other available funds, other than borrowing on credit cards.
In addition to wage garnishing, bank levy, and lien, What other methods could the creditor use against me?
What are your thoughts on my strategy here? So far, the relationship between myself and the creditor/lawyer has been civil. I don't think they will be happy with my proposed payment plan, as they are seeking immediate payment. But I obviously don't have ten grand in my back pocket. What other options could I use here, if any?
Finally, I am showing my willingness to pay now before the creditor goes through these collection processes, which will certainly cost more money. By showing this willingess to pay now, will that help to protect me against the lawyer trying to get me to pay for what it would cost them to file the collection options against me?
Thanks for your help.