September 2007


If I Send a Collection Agency Payments, Can they Still Garnish my Wages?

Summary

If I owe a debt, lets say of 3,000 dollars to a collection agency and I called to see if I could send in payments of what I could afford, and I start sending them in can they still garnish my wages?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“If I owe a debt, lets say of 3,000 dollars to a collection agency and I called to see if I could send in payments of what I could afford, and I start sending them in can they still garnish my wages? They told me that I had to pay three payments of around 800 a month for three months for them not to garnish my wages. I asked them if I could send in what I could and they said they would still garnish my wages unless I send in the whole 800 a month. Is this true? Thanks for your time.”

Probably, particularly if they have a judgment against you. However, to be sure – and because collection laws vary – you should check with a credit and collections attorney in your area.

My Husband is have Trouble Affording his Alimony and Child Payments, What Can He do?

Summary

Since his divorce we have had another baby, also their tuition has went up again this year. We just can’t afford it anymore. His attorney hasn’t really been helping us, so I was just wondering if there was some way we could go in front of a judge have our case heard. We cannot afford the retainer fee for another attorney, and I want to file some sort of motion, but I don’t know what type of motion to file for this situation.

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“My husband makes about $80,000 a year. He pays his ex-wife $1300 a month in child support for their two daughters plus $1000 a month in maintenance for her, and school tuition which is $500 per month. So, he’s paying $2800 per month, plus medical and dental. I need to know how we could get her to pay for the kids tuition. Since his divorce we have had another baby, also their tuition has went up again this year. We just can’t afford it anymore. His attorney hasn’t really been helping us, so I was just wondering if there was some way we could go in front of a judge have our case heard. We cannot afford the retainer fee for another attorney, and I want to file some sort of motion, but I don’t know what type of motion to file for this situation. I’m not sure if you’re familiar with Illinois law regarding this. But any help we could get would be appreciated.”

Unfortunately, the reality is that your best hope of getting any relief is to have an attorney, both because they really are the ones who know how to work the system, and also because judges typically dislike dealing with parties who are representing themselves and so cut them no slack.

In nearly all, if not all, states, the birth of a new child is grounds for having child support modified, so odds are good that an experienced attorney would be able to help you.