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Dominion Law Associates - Pender & Coward Midland-Aspire Credit Judgement,Garnishment and Outrageous fees 10 times amt. owed Virginia Beach, Virginia
I opened an Aspire credit card (Midland) for a max of $350. I didn't use the entire amount, got cancer, lost my job and had to move. No additional bills were sent and my payments were above the charged amt. I got a judgement had to go to court in Henrico, offered to make payments, I did and I also offered a settlement of $500 they said no, $800, I couldn't and they proceeded. I paid a total of over $450 to them (remember my max I paid off was $350) they said $350 on the judgement and now have a garnishment on my pay for $1,200+. This cannot be lawful. I want to pursue any avenue I can to stop these theives. All of this happened 2 years after the account (Aspire-Midland) was opened. I think the FTC would be interested. I could lose my job because of the garnishment. 25% of my pay and I only 'owe' $749 not the 1,200+ they list. Interest and penalties continue.What can I do??
1 Updates & Rebuttals
Robert
Irvine,California,
U.S.A.
Information...
#2Consumer Comment
Sun, October 25, 2009
Here is some general information that may at least give you some things to look at. But first realize that even though your credit limit was $350 you can be sued for more. Because your balance would include interest and other fees that may have been assessed over time. They are also allowed to add in reasonable court and attorney fees.
Now Federal law prohibits your employer from firing you because of one debt. So if this your only garnishment your employer fires you because of this. Not only would they be subject to damages and fines, but could face jail time. But you do loose this protection if you have more than one debt being garnished at the same time.
As to the amount the judgment should have included the amount due and set the interest rate for any unpaid balance. This is usually the States default post-judgment rate which will run between 6%-18% depending on the state, but should not include any "penalties". So you need to get a copy of the judgment(if you don't already have one). Find out what the judgment amount was and any post judgment interest rates that can be assessed. If they are violating the judgment order you need to take them back to court.
Now, if you don't have a copy of the judgment were you even served and given a chance to defend yourself in court? If not you may be able to get the judgment vacated. Basically forcing them to have the case re-heard where you can make your case.