Was evicted in 2001, landlord filed judgment in 2003. Can they garnish my wages?

[akirby]

My jurisdiction is: Florida, U.S.A.



I was evicted in 2001 from a leased apartment. I had signed the lease when I was under 18 and my mother co-signed for me. The property owner then filed a judgment against me. I was unable to show up in court, as I had no transportation or money. So the court filed a judgment by default against me.

I received a letter from an attorney that is "informing me of possible action on the referenced judgment, should I choose not to arrange settlement within the next 30 days." I moved from Orlando back to South Florida in 2001 and have not heard anything about this judgment until now. I was unable to find work until 2004 and I make very little. I do not own any property, but I do have two checking and savings accounts. The letter also states "Should you fail to respond or choose to not settle this cause without our having to take post judgment action, you could become liable for additional attorney's fees and costs."

I recently viewed my trans union credit report and saw that this judgment would be removed 1/2010. Can they garnish my wages and/or take money from my bank accounts?

Any advice and/or help would be much appreciated!

Thank you in advance!

P.S. I have also attached the lettter for review.

 

[Theresagail]

Yes, They can-- and more then likely they will -- You should call and work some sort of arrangements out-- The court date that you missed was your "Day in Court" to inform all that you were not even 18-- They can also garnish your mom if she was a signer they more then likely got the judgment on both of you. Try to call the courts where the judgment is @ and see if there is a way to get your day in court again? It is worth a try.

 

[akirby]

Do you think I should hire an attorney? Or just try to contact their attorney and work out a payment plan?

 

[Gail_in_Georgia]

It would be fair less expensive for you to try to work out a payment plan.

There's no need for you to hire an attorney; you've already lost the case in court. Now all these folks are trying to do is get their money.

If you work out a payment plan with them, you have some input on how much you'll be required to pay. If they garnish wages, you have little say on how much will be taken out of each pay check.

Far better to have some control over this.

Gail

 

[akirby]

I guess there is no way to avoid paying this, even if I don't have the money?

 

[Theresagail]

No not really, Unless you close your bank accounts - and dont make enough $$ on your pay check for them to garnish-- call them and tell them you can pay 25$ a month-- How much is this bill anyway?

 

[akirby]

The balance due as of 12/4/08 was $3,598.86 and it continues to accrue at 6%.

 

[Theresagail]

Offer 25-50 (or as much as you can) to pay every month-- Pay with money orders and keep all reciepts

 

[akirby]

Is there any way to get them to lower the amount I have to pay off?

 

[Theresagail]

??? It depends on how bad they want the money, I do know if you settle the will want the $$ not payments -- So if you settle for 2000.00 they want 2000.00 not payments on the 2k. You really need to call that attorney and work out something

 

[akirby]

Someone mentioned that since the letter was not certified, I may have not received it. Can they garnish my wages or my bank accounts before I actually receive a certified letter?

 

[Theresagail]

Yes, certified has nothing to do with anything, you were notified (served) of a court date that you were not able to attend, this is how they got judgement-- Notifing you is not a issue any more-- a matter a fact when they garnish you they will notifiy you that you have been garnished--