My daughter owes me over $3000.00 for about 5 years and not a dime has been paid on it. Being my daughter I trusted her and I my self have kept tract of every dime she borrowed from me never thinking she would not pay it back I never had her sign any kind of agreement. It is an oral agreement.\nI would like to garnishee her wages rather then to go to court on it.
215215
Only the court can issue orders to garnish wages. It's called Writ of Garnishment.\nOnce you go to court and win the judgment and your daughter doesn't pay, the court can issue the garnishment.\n\nAlthough, it would definitely put more stress on an already troubled relationship.  You just have to decide what is right.
20939
There is such a thing as an oral lease agreement..you might want to check into that.  I'd say your best bet is small claims court.  Once your daughter is served with papers, she will probably be willing to work something out with you before court.
96147
Wow! That was kind of harsh. Did you ever think maybe this person got sick and had trouble paying for a month or so? YES you can e-file if you still owe. However, it depends on the state you live in if they will take your check or not. In Indiana, if you owe less than 500 dollars, they won't take your check. They sent us a letter stating they would, but they never did. And for the person who just made the rude comment, my hubby and I have five kids that live at home full time. He rarely sees child support for his two that he has custody of and I rarely see my for my two. We have one together and he has another one that he pays on. We manage to support all five kids and still payed over 16k in back child support in four years and he is the only one working. Don't judge someone until you know the whole story.
305990
Some people are missing the point here--this little girl is eleven years old. She doesn't owe her mother rent or grocery money because she is a child--the money was in the bank--the only one who could get it out was the mother. This child earned this money all by herself---and her mother blew it on booze and junk !\n\n\n\nAs a grandmother with seven grandchildren, I can tell you exactly what to do.\n\nCall your grandparents and tell them what she did and that she won't pay you back.\n\n\nYour mother better be glad she isn't my daughter--I would probably still take a switch to her.\n\n\nand while you're at it---tell you dad what she did. \n\nGRRRRRRRRRRRRR.....that makes me mad!!!\n\n\n\n*well you sound like a good and responsible little girl. Your mother is darn lucky to have you. You certainly do alot of work.
558416
Unless you are willing to sabotage your own credit by not paying, then it will appear as paid as agreed on her credit report...you can do nothing besides pay. However...if you take her to court to force her to pay you then not only will she be forced to repay what she owes (directly to you...you will have to continue paying the loans yourself, but you can use the money she pays you) but the judgment against her will appear in her credit report and will negatively affect her credit rating...and if she doesn't pay then she will have to face the possibility of contempt of court, wage garnishment, and liens when you enforce the order...good luck.
43136
From what you say she wasn't in much of a friend.  I don't believe she can sue you for twice what the debt is.  Hang on to your receipt so you can prove you paid her.  The judge should dismiss this case.
242211
STUDLY GETS BETTER AND BETTER ALL THE TIME.  LAST TIME IT WAS A CASE HE READ ABOUT AND NOW HIS FRIEND IS A JUDGE.  GO FIGURE.\n\n\nTHE BEST THING TO DO IS TO CONTACT THE AGENCY AND TRY TO WORK OUT A PAYMENT ARRANGEMENT.  BE POLITE TO THE PERSON YOU ARE DEALING WITH AND THEY SHOULD RETURN THE FAVOR.  I KNOW, I AM THE ENEMY, THE "BILL COLLECTOR" THAT STUDLY HATES SO MUCH BECAUSE I KNOW THE LAW AND HE KNOWS HOW TO CUT AND PASTE THE LAW.\n\nANYWAY,\n\nTELL THEY YOU WILL MAKE PAYMENTS OF $xxx PER MONTH PROVIDING THAT THEY DO NOT TAKE JUDGMENT AGAINST YOU AND that THEY DISMISS THE ACTION UPON IT BEING PAID IN FULL.  IF YOU MAKE ALL YOUR PAYMENTS THEN THEY WILL FILE A DISMISSAL AND YOU WILL NOT HAVE A JUDGMENT ON YOUR CREDIT REPORT.\n\nIF THEY OBTAIN A JUDGMENT, THEN YOU ARE FREE GAME, THEY CAN GARNISH CHECKING ACCOUNTS, SAVINGS ACCOUNTS, PUT A LIEN ON YOUR PROPERTY IF YOU OWN ANY AND IF THE AMOUNT IS LARGE ENOUGH THEN CAN EVEN FORCE TO IN TO FORECLOSURE AND OR TAKE YOUR CAR, SELL IT AT AUCTION, PAY THE BANK OFF AND APPLY THE BALANCE TO YOUR JUDGMENT.  THIS IS CALL AN EXECUTION ON THE CAUSE OF ACTION, WE DO IT ALL THE TIME.\n\nI AM NOT TRYING TO SCARE YOU, JUST LET YOU KNOW WHAT PRACTICES A COLLECTOR WILL USE TO GET A JUDGMENT PAID.  WE SIMPLY DO NOT SIT ON THEM AND WAIT FOR SOMEONE'S HOUSE TO SELL AS STUDLY HAS REPORTED IN THE PAST. I AM PICKING UP A DUMP TRUCK TODAY WITH THE SHERIFF AND I AM ATTENDING AN AUCTION ON WEDNESDAY ON A HOUSE WE FORECLOSED ON BECAUSE WE HAD A JUDGMENT OF ONLY $27,000.  THIS IS A $350,000 HOUSE WE FORCED IN TO FORECLOSURE.  THIS IS WHAT WE DO, BECAUSE PEOPLE DON'T OR WON'T PAY THEIR BILLS.  WE DO NOT HAVE TO TAKE PAYMENTS, I HAVE SEEN NO LAW, OTHER THAN WHEN SOMEONE IS ON DISABILITY OR SOCIAL SECURITY, THAT STATES THAT ONCE A JUDGMENT IS OBTAINED THAT A COLLECTION AGENCY HAS TO TAKE PAYMENTS.  THE ATTORNEY GENERAL EVEN PUTS OUT A LITTLE PAMPHLET FOR CONSUMERS THAT IS FULL OF INFO, AND IT EVEN STATES- "ONE AN ACCOUNT IS IN DEFAULT AND TURNED TO A COLLECTIONS AGENCY, SAID AGENCY IS UNDER NO OBLIGATION TO ACCEPT PAYMENTS, IT IS A COURTESY, NOT A REQUIREMENT.\n\nALSO, TELL THEM THAT AT THE END OF THE PAYMENT TERM THAT YOU WANT THIS REMOVED FROM YOUR CREDIT, THEY WILL CHECK WITH THEIR CLIENT, THE WORST THEY CAN SAY IS NO.\n\nGOOD LUCK AND IF I CAN HELP YOU MORE E-MAIL ME AT\nicsowesmemoney@yahoo.com
177923
Contact the DOL (Department of Labor)at www.dol.gov.\n\nAn employer can not take out garnishments or overpayments from your pay without written consent from you.
366229
you are right on track.this one is a slam dunk.though you are doing every thing right you need to contact your attorney generals office because she is adopting unfair and illegal business practices.this PERSON IS HAVING SERIOUS FINANCIAL PROBLEMS AND IS TRYING TO TAKE IT OUT ON YOU,You sound like you have enough fight in you.go get her.If I were you I would start by sending her a certified letter indicating intent to file charges against her for double dipping,and to file a $5000 dollar small claim against her for attempt to defraud.if she goes ahead with her claim to send your "bill"to a collections agency she is only giving you additional ammunition for your claims.If this thing appears on your credit you can get it removed by showing that this is an attempt to at distortion.It will also give you the additional info.you need for a successful claim.
192113
I think you're past being nice to this woman. She obviously has no problem abusing the system to get what she wants, and I find that completely unacceptable seeing as women who really have stalking problems can rarely get the help she needs. You need to do some research concerning the law in your state on several factors. In my state I know you could take her to small claims court if you can prove that the amount you lent her was indeed a loan and can provide adequate proof that it was so. The burden of proof would be entirely on your behalf so I warn you it could be a long and sometimes unfruitful process. As for her claims to the authorities that you are stalking her, you need to stay away from her period. Any contact could and probably would be used against you. If they approach you for an alibi, provide it, but other than that stick to a don't ask, don't tell. This is only my opinion and if you're really serious about this situation I say approach a lawyer through legal aid to see what all your rights are.
202809
She is in contempt of court.  At this point, its not her concern what the bills are and for how much.  She doesn't need to see them.  The court ordered her to pay them and that's all she needs to know.  I'd advise the court that she is in default and request another hearing.
162291
The statute of limitations for each state is readilly available on the internet with a simple search.\n\nAttory Generals are not in the business of giving individuals legal advice.\n\nSo what is your problem here?  If the \nSOL has run out, you need to go back to court and get the judgement appealed and overturned.  Until that time the creditor can continue to garnish your wages.
545026
It varies from state to state, and I would recommend consulting with an attorney, but yes, the household income can determine the amount that can garnish from his wages, they usually don't garnish the non-parents income. Hold on, it's about to get bumpy.
113904
You don't have to own property to have a state tax lien. Basically what it means is he has unpaid state income taxes that are past due.  The state will put a "lien" on you which means they can take any federal tax return money you may get, or "attach" any property or income you have coming in the future until the past due taxes have been paid.  They can actually go and attach or garnish your wages until it's paid off too. Since you are his wife, they can garnish your wages too.  Employers tend to get upset with this stuff and in some states can even fire you for it.  I would contact your state tax collection people (you can look in the phone book under "(your state name)_______ State Income Tax")and find out exactly how much you owe.  Usually you can make an arrangement with them to pay it off in payments. As long as it's outstanding, you are getting hit with penalties and interest too, which can turn a relatively small amount into a HUGE debt in a very short time.   Trying to get anything on credit will be next to impossible also with that on your credit report.  The sooner you take care of it, the better!
247821
As some other people have mentioned, it was difficult to understand your question.  I think you said that you thought this matter was resolved in 1982 or 1983.  If the matter was resolved you can sue under the federal fair debt collection act.  I know others have mentioned that but I want you to know that you might be able to force the people who are contacting you to pay you money.  Another issue comes to my mind.  Most contracts can not be enforced if the matter isn't taken to court within six years of a party breaking the agreement.  There are a lot of rules about contracts and even more rules about student loans so you'll need an attorney to sort this matter out.  Good luck  \nBack to the writing issue.  You really should consider taking a writing class.  Your writing shows two things.  One, you have a lot to say and two, you not skilled in the art of writing. With so much to say you might find that you like the classes. Good luck with this too!
607389
I had a judgement filed against me. I paid the debt. I am now in the process of debt recovery. I did find out that when they file a judgement, you can call the lawyer in charge of the action and talk to them about debt repayment. The interest didn't mount up either after the judgement was filed. The only draw back is that they keep it on file for the next 6 years after the debt is satisfied
493520
Hi, \n\nIs your wife being sued? Or are there just threats of a law suite. If you were being sued, you would have already received a summons to appear in court, which sounds like you have none.\n\nIf you indeed wind up going to court, you can petition the court for a settlement for Penny's on the dollar. Capitol One will try and get the whole amount and make you believe you have to pay the entire amount, but what they want and what they get are two different matters. \n\nI had an overdue account with Capitol One years ago, and they tried the same scare tactics and wanted the whole amount, I told them point blank, either accept my settlement terms, or you can go to H e - - and kiss my A - -. They wound up writing it off.  Stand up to them, there is no such thing as debtor prison, and it is nothing more than scare tactics. \n\nAfter 7 years, the smear on your credit record must by law, be removed completely. \n\nFrom the way it sounds, I would proceed immediately with filing bankruptcy. There is always a way to work out the filing fee. \n\nGood Luck, and don't take any crap from Cap 1. \n\nDarryl S.