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  1. #1
    Join Date
    Sep 2012
    Posts
    2

    Default Can You Make a Judgment Creditor Accept Payments

    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.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Make a Judgment Creditor Accept Payments

    Laws vary by state. Consult a lawyer in your undisclosed state or country.

  3. #3
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Can You Make a Judgment Creditor Accept Payments

    If you're unwilling to disclose your state, we really can't help you.

  4. #4
    Join Date
    Sep 2012
    Posts
    2

    Default Re: Can You Make a Judgment Creditor Accept Payments

    State is California

  5. #5
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Can You Make a Judgment Creditor Accept Payments

    Your spouses wages would not be included.

    Your relative's account should be untouchable unless you are put onto the account.

    Your creditor can get a judgment lien on your home.

    If I were the creditor, I'd be wondering why you want to pay more than the 25% the state would require be garnished from your wages. I'd wonder if you had more income that you're hiding.

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