In Sept. 2006 I was sent a letter saying i owed approx 1300 $ to centurion capital Corporation. I sent two letters disputing that i owed the full amount, because I had agreed to pay 381$ as a payoff for the full amount. After i sent the two letters to CCC, Javitch, block and Rathbone contacted me and told me that contacting the original plantiff rather plantiff's attorneys was equivalent to making no claim or challenge of any kind.
Within a few das they sent me an order to appear in court. I was very scared. I was on temporary total disablity and could not possible pay back $1300. They said they would not accept any small payments unless i signed a default judgement. I agreed not realizing that the original debt was a credit card debt approx 14 years old and would have been time barred from being collected.
At the time i agreed to make small monthly payments, they told me that if i was ever late i should simply remit two monthly payments at once, which i did two times, most recently in september. Then i recieved an order to garnish my wages, out of the clear blue sky. When i contacted them by phone, they said that since they did not technically receive a payment every month, that they were entitled to garnish my wages.
I chalenged the wage garnishment in court and apparently won. Now though they have filed a motion to vacate the garnishment which has been set aside. Claiming that they did not receive notice of the hearing until the day after the hearing. I suppose they have a right to have the case heard again. But i specifically pleaded to the Judge that such garnishment would drive me into bankruptcy nd cannot possibly pay this garnishment.
My wages continue to be garnished even though the court date for a motion to vacate order setting aside garnishment is not scheduled for almost another month. What exactly are my rights? Can they still garnish my wages, before a Court order is overruled by a judge? It would seem that my wages cannot be garnished at this point unless or until a judge decides otherwise. If they (wages) can be legally garnished at 25% it seems that I will have no choice but to file bankruptcy.
Please advise me of all my options legal and otherwise.
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