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A debt collection lawyer filed a judgment against me.

Sent to Legal Experts May 04 3:59 a.m.

A debt collection lawyer filed a judgment against me. When I couldn''t make the payment for 2 months he filed a garnishment and added these fees to my balance. After I lost my job he filed another garnishment and said I was legally responsible for the 2nd garnishment fee even though my job was terminated, "because satisfactory payment arrangements had not been made." I agreed to start payments again last Nov. but am only living on a VA pension so some months I still have trouble making the payment. He keeps threatening to file another garnishment even though he knows I do not have a job and I have also informed him my pension cannot be garnished. Am I actually responsible for the 2nd garnishment fees he charged me, and if he tries to file another one, am I responsible for those fees?

Optional Information:
West Des Moines, Iowa

Already Tried:
Talking to the lawyer when I can't get a payment in; however he is a big jerk and very inflexible and keeps threatening me.

Customer (name blocked for privacy)

Status: Closed Value: $15

Answer
May 04 12:35 p.m. (8 hours and 35 minutes later)

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Adam Kirk -- Lawyer (JD) -- 100% Positive Feedback on 336 Legal Accepts
Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations

Reply
Sent May 04 4:20 p.m. (3 hours and 44 minutes later)

But how can he file a garnishment when he knows I am not employed and my pension cannot be garnished? Isn't this frivilous, and why should I have to pay the garnishment filing fees if he does this? The filing fees are what I am questioning (including the fees for the 2nd garnishment), not the amount that I owe for the actual judgment.

Customer (name blocked for privacy)

Answer
May 04 5:30 p.m. (1 hour and 10 minutes later)

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Adam Kirk -- Lawyer (JD) -- 100% Positive Feedback on 336 Legal Accepts
Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations

Reply
Sent May 04 6:05 p.m. (34 minutes and 24 seconds later)

Adam,

I had not told him I was not working when he filed the 2nd garnishment, but I assume he knew this was the case since my employer had stopped remitting the garnishment payments (and he filed the 2nd garnishment with the same employer!) Do you think I should have to pay the filing fees for the 2nd garnishment? I did call his office to inform him I could not make the payments at that time, but did not say I was unemployed. Certainly from your 2nd answer I can refuse to pay any more garnishment filing fees, but what do you think about the 2nd filing fee? Thanks.

Customer (name blocked for privacy)

Answer
May 04 7:07 p.m. (1 hour and 2 minutes later)

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Adam Kirk -- Lawyer (JD) -- 100% Positive Feedback on 336 Legal Accepts
Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations

Reply
Sent May 04 7:36 p.m. (29 minutes and 22 seconds later)

Adam,

The lawyer filed the 2nd garnishment with the same employer 4 full months after my employer stopped sending garnishment payments, so in my mind he should have checked with my employer to see if I was still there before he filed a 2nd garnishment. I think I will try to see if the court will remove this 2nd garnishment filing fee. One last question -- in your second reply, am I understanding you to say that once the lawyer filed the first garnishment, neither the lawyer or the creditor can recover any of the balance from me unless it came from that specific employer? In other words, I can volunteer payments like I am doing now but the lawyer or creditor can't collect otherwise? Thanks so much for your time.

Customer (name blocked for privacy)

Answer
May 04 8:24 p.m. (47 minutes and 11 seconds later)

ACCEPTED

The creditor cannot collect under a garnishment unless you're employed. However, the creditor can collect from you in other ways. One way is a writ of execution. It is functionally the same as a garnishment, however, instead of attaching your wages, the creditor has to attach real or personal property you own free and clear. Any such property is succeptable to execution - the creditor can have the sheriff seize the property and sell it at auction, the proceeds of which will be applied to your debt.

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The information given is for research use only & you are paying me only for such information. This is not legal advice & there is no formation of an attorney-client relationship. You are advised to speak with legal counsel for accurate information.

Adam Kirk -- Lawyer (JD) -- 100% Positive Feedback on 336 Legal Accepts
Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations

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