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  1. #1
    Join Date
    Jul 2008
    Posts
    3

    Default Served with Summons

    My question involves collection proceedings in the State of: Mississippi

    My wife fell behind on her credit card payments after Hurricane Katrina, she had to take a job that payed less money, and I am currently on workers comp and social security disability.

    The debt that we recieved the summons for is a debt of roughly $7,500, although I am unsure of the original debt amount (I imagine they have tacked on quite a bit of fee's and penalties).

    We are pretty broke. I would like to settle before court if possible, but unless they were willing to settle for something in the neighborhood of $2,000 we just cannot do it.

    We cannot afford an attorney, and I would like to know my best course of action

    Also my wife is pregnant, and I am worried about the stress that this could cause her. Would it be possible to postpone this until after the birth of our child?

    Thanks in advance for your help.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Served with Summons

    If your wife doesn't show up in court, they will get a default judgment against her. She can try to settle with the creditor before the court date -settle for a reduced amount or set up a payment plan but the creditor doesn't have to agree to do either. I doubt they will take $2,000 if $7,500 is owed though you can ask.

    All you can do is ask the court if they will reschedule the court date.

  3. #3
    Join Date
    Jul 2008
    Posts
    3

    Default Re: Served with Summons

    Quote Quoting Betty3
    View Post
    If your wife doesn't show up in court, they will get a default judgment against her. She can try to settle with the creditor before the court date -settle for a reduced amount or set up a payment plan but the creditor doesn't have to agree to do either. I doubt they will take $2,000 if $7,500 is owed though you can ask.

    All you can do is ask the court if they will reschedule the court date.
    I am going to send the attorney and the clerk of court a document confirming that I recieved the summons (although I am a bit unsure of what content they want in the letter).

    I guess I will just go to court with these guys. I am guessing the worst case scenario for us would be a wage garnishment on my wife. We live paycheck to paycheck, and she doesn't make much money as I was the breadwinner before I got hurt. Will our limited means have an effect on the amount of the garnishment, or is there a set formula that is used?

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Served with Summons

    Wage garnishment Mississippi - federal law applies:

    UNITED STATES CODE: TITLE 15, CHAPTER 41, SUBCHAPTER II


    § 1673. Restriction on garnishment


    (a) Maximum allowable garnishment


    Except as provided in subsection (b) of this section and in section 1675 of this title, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed


    (1) 25 per centum of his disposable earnings for that week, or
    (2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 206 (a)(1) of title 29 in effect at the time the earnings are payable,
    whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph


    (b) Exceptions


    (1) The restrictions of subsection (a) of this section do not apply in the case of
    (A) any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review.
    (B) any order of any court of the United States having jurisdiction over cases under chapter 13 of title 11.
    (C) any debt due for any State or Federal tax.
    (2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed
    (A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual's disposable earnings for that week; and
    (B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual's disposable earnings for that week;
    except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.

  5. #5
    Join Date
    Jul 2008
    Posts
    3

    Default Re: Served with Summons

    I disputed the amount of the debt, as they have added several thousand dollars in fees and so forth to the actual amount of money owed.

    I also made them a settlement offer, I am waiting to hear from them for the next step.

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