music-teacher
09-19-2009, 10:32 AM
The lawsuit my credit card company brought against me in civil court was dismissed with prejudice by the judge, so victory was mine. Soon thereafter, this credit card company decided to appeal the dismissal in appellate court, so I hired a NACA attorney to try and fight it, and unfortunatly lost. In June they reversed the original judge's dismissal, and ordered judgement to be entered against me in the principal sum of $12,000.
My attorney asked if I could make an offer to settle this, and so I offered $3,500 which is all I could afford to pay in one lump sum. The credit card company declined, and I never heard back from either party until today, when I got a Notice of Garnishment from a New York City Marshal:
Please take notice that a judgement has been entered against you. Pursuant to the Income Execution delivered to me, you are required to make arrangements and have your first payment in my office within 20 days from the above date. Upon your default, a copy of this execution will be served upon any person from whom you are receiving or will receive money and will result in additional costs to you.
They then list the judgment as being over $15,000! How can this be legal?? What action can I take for this incorrect listing? On top of the judgement amount being wrong, also listed are charges for poundage in the amount of $800, as well as interest for $300!! Then, the letter ends with: In addition, interest from 09/18/09 will be calculated on a daily basis. You will be notified of the final balance due when your payments approach completion.
I am sincerely reaching out to anyone on this forum who can offer some advice and guidance as to how I should proceed. I recently lost a child to cancer, and I'm trying to cope as best as I can. Any help that anyone here can offer me would greatly be appreciated.
My attorney asked if I could make an offer to settle this, and so I offered $3,500 which is all I could afford to pay in one lump sum. The credit card company declined, and I never heard back from either party until today, when I got a Notice of Garnishment from a New York City Marshal:
Please take notice that a judgement has been entered against you. Pursuant to the Income Execution delivered to me, you are required to make arrangements and have your first payment in my office within 20 days from the above date. Upon your default, a copy of this execution will be served upon any person from whom you are receiving or will receive money and will result in additional costs to you.
They then list the judgment as being over $15,000! How can this be legal?? What action can I take for this incorrect listing? On top of the judgement amount being wrong, also listed are charges for poundage in the amount of $800, as well as interest for $300!! Then, the letter ends with: In addition, interest from 09/18/09 will be calculated on a daily basis. You will be notified of the final balance due when your payments approach completion.
I am sincerely reaching out to anyone on this forum who can offer some advice and guidance as to how I should proceed. I recently lost a child to cancer, and I'm trying to cope as best as I can. Any help that anyone here can offer me would greatly be appreciated.