Questions about a Lost Case

[BayChick]

I lost my first case back in June, i have learned so much more now that if i think if i was to go back i could have won. Anyway i received a letter from CA stating to call and make arragements. I have to quick questions
1. Im only working 2 days a week and dont own my home or anything so, has anyone been successful in arraigning low payments with CAs?
The letter of course said if i dont make em they will try to get wage garnishments etc...
2. They also said there is 10% interest per annum... the judgment was for $2,100.00, they cant add interest can they? Thanks Again EVERYONE!!!!

[nascar]

From your post, you may be exempt from garnishment. But, they may be able to levy your bank account if you have one, so you'll want to take measures to avoid that from happening.

California is tough to get judgment execution. There is a different form an fee for virtually every action that can be taken. Let the judgment creditor know that you can't make any payments at this time. If they insist on wasting more of their money to find out whether that is true or not, that's up to them.

If a debt collector is trying to collect on the judgment, don't waste your time. They don't get paid to be reasonable, only to collect money. Don't let anyone fool you, if you're willing to make $25/mo payments on a 2k judgment, most creditors will take that every day of the week - especially if you have no assets.

[BayChick]

Thanks Soooo Much Nascar... what would you suggest is the best way to go about payments? Make them bill me and do money orders? I wanna be able to keep good track
Also i should have them sent me in writing the agreement?
Thanks AGAIN!!!

[BayChick]

So I tried calling and arranging a $25-35 monthly payments. The Lady said no unless i can do a deposit($300)... if they wanna wait than that's fine, I tried and I know how these ppl work, but the last letter they sent me said they would do a writ of execution to withhold earning etc if a plan wasn't set up.. i told them i only work 2 days and don't own home or car, and they didn't want to set up a plan with me,even saying that they could get a sheriff to watch me those 2 days and see what i make, a**holes! So im just wondering if this is just a threat and maybe i should start writting to them instead of phone? Any Suggestions? Thanks AGAIN!!!! I Appreciate it

[nascar]

Originally Posted by BayChick

they didn't want to set up a plan with me,even saying that they could get a sheriff to watch me those 2 days and see what i make, a**holes! So im just wondering if this is just a threat

It's either a threat or the debt collector is stupid. In either case, it won't happen. There are instances where a sheriff can do something similar to what you are describing; it's called a "till tap" and it is sometimes used to collect money from retail businesses. The sheriff will take all the money that the store generates in retail sales in a given day. This does not apply to an individual working a part time job. (Although, it just crossed my mind that if you were a stripper and worked for tips ... well, ).

Anyway, you shouldn't worry. Wages are wages regardless how many days per week you work. You're either exempt from garnishment or you aren't. The debt collector is doing exactly what I would expect.

[BayChick]

I do hair, but my business is building slowly..i am barely breaking almost even when supplies and rent is payed for...I will try and get back to them when i can get some ca$h saved up...should i just correspond thru mail and get a deal set up or thru phone.? Thanks Again

[ualbany18]

Originally Posted by BayChick

2. They also said there is 10% interest per annum... the judgment was for $2,100.00, they cant add interest can they?

Yes. They did not add the interest, the State of California did.

[merrybucks]

They did not add the interest, the State of California did.

The state didn't add the interest. Interest isn't being paid to the state it is being paid to the company holding the judgment. The judgment holder is charging the amount allowed by law.

[ualbany18]

Originally Posted by merrybucks

The state didn't add the interest. Interest isn't being paid to the state it is being paid to the company holding the judgment. The judgment holder is charging the amount allowed by law.

What I meant was, (Personal comments removed - Newryman) that it is not the company just adding in an arbitrary amount of interest. If one has a problem with the legal interest rate that the State of California imposes on court ordered judgments they should write a letter to their congressman.