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  1. #1
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: What Happens if the Named Plaintiff Didn't Authorize the Lawsuit

    Quote Quoting greenwoodguy
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    this may sound odd, but someone changed the title of my thread. the original Plaintiff did authorize the judgement but after 19 years, has no interest in the pursuit or collection of it. although the Plaintiff has stated such in writting to the court, the Judge is keeping the garnishment order in place and refuses to dismiss the judgement.

    while the Court has proved to the Defendant that he owes the original Plaintiff "X" amount of dollars, the Defendant states he should pay but the question is 'how much'. the collection agency, due to their either incompetence, lack of effort or having ulterior motives, failed to contact the Defendant once in the past 19 years. all they had to do was pick up a phone book and they would have found the Defendant listed. there are no excuses. for that the Defendant believes the collection agency should not be rewarded with the 8% interest for the past 19 years. on the other hand, the Defendant doesn't feel that he should be rewarded by not paying anything, as he does agree that he owes the Plaintiff.

    the Defendant has offered to settle this judgement for the original amount of the judgement as a lump sum, but the collection agency has refused to accept the offer. the collection agency countered with a much larger lump sum offer but the Defendant does not have that kind of money immediately available.

    with the current garnishment order in affect, the Defendant is only taking home approximately $96.00/wk. why so little? his health insurance premiums for he and his wife are $280.00/wk. should he miss one day of work without pay, he would OWE his employer to cover the insurance premiums. he can't afford to have this garnishment taken from his check for the next 52+ weeks. his wife is on a fixed income, as she is unable to work due to her MS and is on disabilty.

    any suggestions on what to propose to the court for the Defendant to pay a fair settlement and get out from under this judgement?
    What is the actual percentage of after tax income that is being paid out in the garnishment?...and that is a ridiculously high weekly payment for employer group health insurance.

  2. #2
    Join Date
    Aug 2012
    Location
    Indiana
    Posts
    38

    Default Re: What Happens if the Named Plaintiff Didn't Authorize the Lawsuit

    Quote Quoting llworking
    View Post
    What is the actual percentage of after tax income that is being paid out in the garnishment?...and that is a ridiculously high weekly payment for employer group health insurance.

    the Defendant makes $500/wk. after taxes and health ins premiums, he was taking home approx $150/wk. the garnishment is approx $54/wk, leaving him only $96/wk takehome. with his wife on disability and his takehome being reduced by a third, they are really having a hard time making it.

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