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  #1  
Old 10-01-2009, 07:48 AM
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Garnished wages

I had a creditor (HSBC) who is represented by Love,Beal & Nixon out of oklahoma city, sue me in 2006 for 601.00 when I received the summons I had been unemployed for a year so I didnt go to court because wht could I do I didnt have any money to pay. They received a judgement against me and put a lien on my house, I figured when I get back on my feet I can either pay them or if and when I ever sell my house I'll take care of it. I went back to work in May 07, part time job, than approx july 07, I receive a notice that my wages are going to be garnished. So I started the paper work to fight it for a hardship a couple of weeks later I lost my job so I didnt follow through no job no garnishment. In October 07 foreclosure proceedings started on my home I was unable to keep it I asked the mortgage co that when my house is sold at auction will the lein from HSBC be paid and taken care of I was told yes. AIG took possession of my home in 4-08 between july 07 and now I have not heard anything from Love,Beal & Nixon I thought that debt had been taken care of. 2 weeks ago I believe 9-18-09 I get my paycheck I notice its signaficantly less than normal I started checking the deductions and see a garnishment I had no idea what this was for so I call the payroll dept and find out its HSBC aka Love,Beal I was never notified by anyone I was about to be garnished now this garnishment is 25% I had decided I'll just deal with it to get this paid I am struggling to support myself. I guess my question is doesnt a creditor need to notify you before they start to garnish youre wages and is there anything i can do to fight this. I live in the state of Oklahoma, Tulsa county. Any insight would be appreciated. Thanks Becky
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Old 10-01-2009, 01:42 PM
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The bad thing about not going to court is that it sends a message----that you don't care enough to show up. Obviously, that isn't always the case, but when you aren't there to explain or offer any suggestion or object, even, to their demands, they get whatever they ask for. Had you gone to court you would have known about the garnishment. No, they have no obligation to notify you further.

The fact the house was sold and they had a lien on it does not mean they got paid. If the house was sold at a loss, there very well may have not been money there to pay the lien.

I am not certain there is anything you can do at this point besides pay the amount they say you owe, which unfortunately, is probably much much more than the original amount. Wish I could tell you otherwise.
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Old 10-01-2009, 08:19 PM
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Garnishmnt

Thanks for answering so quickly, I figured that would probably the case, but I also wanted to know since they are allready garnishing my wages could they possibly go after my bank account? I have my check direct deposited and I dont want to go to pay my rent and find out that they have taken that too the total amount I owe is 1100.00. I wouldnt think they would but than to go to the lengths they have for 600.00 I dont know. thnks becky
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