02-20-2013 09:59 AM
My husband defaulted on a discover card sometime before we got together (maybe 04 or 05 I'm guessing). He was sued in March of 06 and Discover was awarded a judgement. He now lives in another state. We have access to the case via public records through the court. It appears they have been attempting to garnish him (unsuccessfully) for 7 years now. They only know of his part time employment, and he does not make enough for them to garnish him.
We would really like to get this taken care of. I have a statement from June of 2012. The statement reads as follows:
Principle Balance: 5150, Interest: 12700, Attorneys Fees: 2000, Court Costs: 725 = Total: 20,575
I would be willing to pay the principle, court cost and attorneys fees, but I have a hard time paying 12,700 in interest for a debt that is almost a decade old.
Discover never sold the debt to a collector. They still are the original owner.
Has anyone delt with a similar situation? I'm afraid to contact them in fear that they will find my husband's full time employment and garnish him for the full amount of $20,575. I'd much prefer to settle for a lesser amount (hopefully around $8,000).
I'd appreciate any advice, especially from folks who have delt with Discover in a similar manner.
02-20-2013 10:44 AM
Could you elaborate on how they have been attempting to garnish, and have failed?
Did the judgment creditor ever go back to court with a request for an order of garnishment?
Were any hearings ever held, or requests made by the court for a statement of income, assets, and liabilities?
If so, it is unclear as to how one could shield such information from a court when considering such an action......