Thought I'd share this. One of CA's (collecting on behalf of a creditor) hired an attorney to file for the writ of garnishment of wages. On the writ is an amount that represents twice the cost of "prevailing party" fees. There were two accounts that I was sued for in small claims, but listed on the same case number. I called the attorney's office today and asked for an accounting of the "double other costs" on the garnishment form. Of course I didn;t get the attorney, I got the para-legal who clearly was disturbed by call to the attorney. I explained that the attorney had signed the writ of garnishment in lieu of the court clerk (all legal in my state) and certainly the attorney understood the amount listed on the garnishment (signed that he did have knowledge of the amount.) The para-legal tried to tell me that I needed to contact the CA, but I told her that there is a C&D for communication between defendant and plaintiff. She finally got it that THE ATTORNEY's office was the only signature on the writ. As such, the attorney had signed that he knew all the costs invloved. I felt panic on the other end of the line.
In the end, another representative of the attorney's office called back with an explanation that made complete sense to me. What I found interesting is that the legal firm was not used to defendants calling and asking for an accounting for what the attorney signed off on. Moral of the story: Even if you get a writ of garnishment, you should be sure to examine every cost and potential addition added to the amount owed. I got the impression that these folks were "freaked out" by my call. I think the law offices just act upon the information provided by the local CA. Since I have another potentially massive account in this CA's office (wating for a reply to my DV,) at least they are on notice that I'm not willing to pay anything above what is allowed in my state. Do your homework. If you eventually go to wage garnishment, go through the document with a fine tooth comb.
My best estimate is that when all of this is said and done, the original creditor will get about 25% of the amount they (dentist) originally billed for 8 months ago. If they would only have listened to my offer of "patience" and agreed to a reasonable monthly amount, they could have had 100% in 6 months. What a system! As always, I think many folks just roll over and give in to CA's when they are dunned. I'm hoping that this board and other debtor boards on the web will lead to more educated consumers and eventually original creditors will come to terms with debtors, rather than accept $0.20 on the dollar for a debt that they could receive 100% on the dollar. Perhaps the new economy will lead to creditors actually listening to debtors.
In the end, another representative of the attorney's office called back with an explanation that made complete sense to me. What I found interesting is that the legal firm was not used to defendants calling and asking for an accounting for what the attorney signed off on. Moral of the story: Even if you get a writ of garnishment, you should be sure to examine every cost and potential addition added to the amount owed. I got the impression that these folks were "freaked out" by my call. I think the law offices just act upon the information provided by the local CA. Since I have another potentially massive account in this CA's office (wating for a reply to my DV,) at least they are on notice that I'm not willing to pay anything above what is allowed in my state. Do your homework. If you eventually go to wage garnishment, go through the document with a fine tooth comb.
My best estimate is that when all of this is said and done, the original creditor will get about 25% of the amount they (dentist) originally billed for 8 months ago. If they would only have listened to my offer of "patience" and agreed to a reasonable monthly amount, they could have had 100% in 6 months. What a system! As always, I think many folks just roll over and give in to CA's when they are dunned. I'm hoping that this board and other debtor boards on the web will lead to more educated consumers and eventually original creditors will come to terms with debtors, rather than accept $0.20 on the dollar for a debt that they could receive 100% on the dollar. Perhaps the new economy will lead to creditors actually listening to debtors.
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