Summary judgement to garnishment... how long do I have to file??

[ELS212]

So I am planning to file BK pro se. I've only been putting it off because I'm in school and haven't had a lot of time, but the quarter's almost over and I'm getting ready to do this. Here's my question:

I live in Georgia. On one of my suits from Cap1 they filed for a summary judgment and on 10/7/10 the motion was granted. I have not heard anything from anyone for months, since I got the motion stuff in the mail maybe 4 months ago. I only found out about the judgment being granted because I searched the court docket!

What happens now? What has to happen before they can garnish my wages and bank accounts? I guess I'm more concerned that it will happen without me knowing it than anything!

More specifically, how long do I have before all this stuff takes place? I know it probably depends on the court, but is there a typical timeline? I am getting my paperwork filled out and will be done with the initial/rough draft of the papers in a week or two, then I'll dot my i's and cross my t's and file.

Thanks much for any advice!

[espo1357]

So I am planning to file BK pro se. I've only been putting it off because I'm in school and haven't had a lot of time, but the quarter's almost over and I'm getting ready to do this. Here's my question:

I live in Georgia. On one of my suits from Cap1 they filed for a summary judgment and on 10/7/10 the motion was granted. I have not heard anything from anyone for months, since I got the motion stuff in the mail maybe 4 months ago. I only found out about the judgment being granted because I searched the court docket!

What happens now? What has to happen before they can garnish my wages and bank accounts? I guess I'm more concerned that it will happen without me knowing it than anything!

More specifically, how long do I have before all this stuff takes place? I know it probably depends on the court, but is there a typical timeline? I am getting my paperwork filled out and will be done with the initial/rough draft of the papers in a week or two, then I'll dot my i's and cross my t's and file.

Thanks much for any advice!

Can't you settle with them?

Is it worth filing?

As soon as you get your paperwork in, its done (pretty much), you are free.

[ELS212]

Can't you settle with them?

Is it worth filing?

As soon as you get your paperwork in, its done (pretty much), you are free.

I tried, they refused my offer. It was 20% of what they are suing me for but they wouldn't bite. (This is Fred Hanna and Cap1) I have more debts out there that probably aren't going anywhere anytime soon. I'm probably in the best position now to file since I pretty much have nothing (just calculated my net worth is about $4000, depressing) and now that they have the summary judgment I really can't delay it any longer or they'll garnish me.

What I'm actually asking is, if I were to do nothing, how long until the garnishment proceedings take my money? I wanted to wait till after Christmas and until I get my next financial aid check but if I have to do it now, I have to!

[ELS212]

So now I'm freaked a little bit worrying they are going to just up and take my money. So far nothing's happened - I will go to the courthouse Monday if I'm in danger of getting garnished ASAP.

I figured the most they can take is $175 but I have a little bit of money in my bank account and I don't want to lose that either, I need every penny! Anybody have any experience with Cap1/Hanna garnishing wages?

[free2breathe]

This is a great sticky with info about garnishments. You'll find that the stickies in each of the categories have tons of very useful information

Wage Garnishment, Nuts and Bolts

[helpmeout]

Rather than sit around worrying, why not just file? And you will probably want to get an attorney as you are going to have to do more work to get rid of the judgement or thoroughly research how you would do it yourself.

[ELS212]

@helpmeout: I will but I was really wanting to wait until after Christmas and into January when I get my financial aid check for school, because pretty much $300 is our Christmas money. I think I can deal with the judgment myself actually, I'm a pretty thorough researcher when it comes to these things. I did talk to a lawyer about the initial BK stuff and she offered to look over any paperwork for me for a really reasonable fee.

I got some direction from my post in the garnishments forum, I *think* I'm understanding it now, I just need some confirmation...

This is basically what I'm understanding:
1) Judgment A= decision on the case deciding if I owe the money (Which has happened already)
2) After Judgment A they have to file a summons of garnishment before they get the money (Likely sometime in the near future I guess.)
3) After I get the garnishment summons and answer it (at least 30 days), Judgment B is made to allow the garnishment
4) After Judgment B they can actually garnish wages and levy bank accounts

Thanks again!!

[WhatMoney]

There is no "garnishment summons" you receive before your bank account can be levied. The judgment holder serves your bank using a public server, usually the sheriff, with a garnishment order to freeze all your bank accounts. If the bank has your account they freeze your funds and charge you a $100+ legal fee for their trouble. You'll be notified after the fact about the levy, and in some states sent an exemption form to fill out if your funds are exempt under state laws. You really didn't get any information in the Collections thread about bank levies.

[ryan]

If they already have a judgment and some time has passed since then, the creditor could try to levy your bank accts or garnish your check any time now. I would advise closing the bank acct or at least drawing it down to very little. As far as wage garnishment, you should look up the laws governing this in Georgia.

[ELS212]

Now I'm really confused. (sigh)

http://law.onecle.com/georgia/18/18-4-64.html

It really sounds like they have to give you a specific notice (Summons of Garnishment) that you have a chance to answer before they go for your money.

[WhatMoney]

Now I'm really confused. (sigh)

http://law.onecle.com/georgia/18/18-4-64.html

It really sounds like they have to give you a specific notice (Summons of Garnishment) that you have a chance to answer before they go for your money.

No, you are only given a chance to respond AFTER the garnishment has been delivered to the garnishee. If the garnishee is your bank, your account is frozen first, and THEN you are notified, within 3 business days according to your statute. That is why I said you will be notified within 5 days after your bank accounts are frozen. If you don't respond with an exemption defense to the court and the judgment holder attorney within 10 days, your frozen bank funds are turned over to the sheriff who distributes your money to the judgment holder. Since your bank account funds are not exempt you will have no defense to the post levy notice, and you will lose your bank account funds. The law is quite clear, and typical for most states. You never receive advance notice of a bank account levy for obvious reasons. Just read the bolded sections of the GA statutes:

(a) In a garnishment based on a judgment, the defendant shall be given notice of the filing of the first summons of garnishment on an affidavit for garnishment and of the issuance of an additional summons of garnishment on such affidavit when no notice has been given to the defendant within 90 days immediately preceding the issuance of such additional summons, using any one or more of the following methods:

(1) The plaintiff, at the time the garnishment is filed with the clerk, shall commence procedures to effectuate the service of a copy of the summons of garnishment on the defendant; and service thereafter shall be made on the defendant as soon as is reasonably practicable. Service pursuant to this paragraph shall be made pursuant to Code Section 9-11-4; ["reasonably practicable" does not mean before they deliver the garnishment order to the garnishee.]

(2) The plaintiff, after issuance of the summons of garnishment and not more than three business days after service of the summons of garnishment on the garnishee, shall cause a written notice to be sent to the defendant at the defendant´s last known address by registered or certified mail or statutory overnight delivery, return receipt requested. Either the return receipt indicating receipt by the defendant or the envelope bearing the official notification from the United States Postal Service of the defendant´s refusal to accept delivery of such registered or certified mail or statutory overnight delivery shall be filed with the clerk of the court in which the garnishment is pending. The defendant´s refusal to accept such registered or certified mail or statutory overnight delivery addressed to defendant shall be deemed notice to defendant;[this is the usual method for bank levy's - you find out your account is frozen about 5 days later in the mail.]

(3) The plaintiff, after the issuance of the summons of garnishment and not more than three business days after service of the summons of garnishment on the garnishee, shall cause a written notice to be delivered personally to the defendant by the plaintiff or by the plaintiff´s attorney at law or other agent. A certification by the person making the delivery shall be filed with the clerk;
. . .

(e) No money or other property delivered to the court by the garnishee shall be distributed; nor shall any judgment be rendered against the garnishee until after the expiration of ten days from the date of compliance with at least one method of notification provided by subsection (a) of this Code section.

[WhatMoney]

And if you keep your bank account open with a low balance, thinking you will lose only that small balance - think again.

Banks have about doubled their "legal fee" for responding to account garnishment orders in the last couple years. The bank will charge you $75 to $150 "legal fee" if they receive a garnishment order for your account. If you only keep $10 in your account, your account will now be overdrawn by $65 to $140, even if the judgment holder doesn't get a penny. The banks always deduct their legal fees before they turn the funds over to the collector. Of course if you have any outstanding checks or bill payments, they will bounce and the bank will charge you overdraft fees as well, since your funds are frozen.

And the bills you thought you paid on time are now late, and you may owe late fee penalties on them as well. You could conceivably lose hundreds of dollars in fees and penalties even if you keep your bank balance low, if your account is garnished and you have no exemption defense. That is why some here advise that you just close your bank account once you get a money judgment against you.

[ELS212]

So if I go ahead and file - tomorrow, for example - any garnishment or levy would be stopped?

[free2breathe]

Once you file and have your case number, you can contact the attorney for the creditor (the one who got the judgment) and let them know you've filed. Make sure you list that creditor on your Schedule F and creditor matrix so they get the notice of bankruptcy. I'd even list the law firm that got the judgment on the creditor matrix so that the court will send them the notice of bankruptcy.

[ELS212]

UGH. I am getting more and more confused the more I read!! I thought I was doing okay until I started freaking about losing money via bank levy and/or garnishment. Do you think Hanna will go for that before contacting me about settling the judgment? It's been 6 weeks - why are they waiting? And is there any way for me to find out if they have filed for the garnishment through the court system?