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Garnishment and Hardship?????


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Posted by TJ (152.163.207.78) on February 01, 2003 at 12:43:48:

I was served papers that I was being sued by Capital One about 4 months ago. I am in Michigan. I didn't go to court since I called the Capital One Lawyer and made arrangements to make payments . They sent me a paper (a legal document) to sign agreeing to make a monthly payment of $35. Then the paper was filed with the court. It looked like it was a paper right from the court. I missed a December payment and planned to double up the payment for January. But I got a notice of Garnishment from my boss at work this past week. I called the Capital One Lawyer who's been handing the collections, Mary Jane Elliott, They said they were garnishing my wages because I missed a December payment and that Capital one was taking no arrangement. My wages will start being garnished my next check. I did some figuring and after they take their 25% out of my check, I will not be able to make my mortgage payment, pay electric, pay for fuel for heat, and provide food on the table for my wife and 3 kids. She is a stay at home mom so we don't have to pay for sitters. How are we to survive without everything being shut off. If I don't pay my mortgage I will never be able to catch that up at $600 a month. Plus I have car insurance at $79 a month and house insurance at $75 a month, and taxes are due for the house $800. I was going to make payments on this and now I won't have money to. Can they really leave me like this??? Is there any exemptions for harship in Michigan???? I am just sick over this not knowing what to do. I am feeling like I've hit rock bottom and can't get out. I tried to get them to hold out and let me refinance my house. They won't wait. Please offer advice. I need it more than ever.


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