- Report: #875559
Complaint Review: Springleaf Financial Serives of Arizona - Phoenix Arizona
Reported By:
CrystalDS -
El Mirage, Arizona, United States of America
Submitted:
Updated:
-
Author Not Confirmed
Why?
Springleaf Financial Serives of Arizona
7830 N 23rd Ave Phoenix, 85021 Arizona, United States of America
Phone:
Web:
Www.springleaffinancial.com
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Business Rating:
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Springleaf Financial Serives of Arizona Vance Anderson Taken to Court even after making payments Phoenix, Arizona
I made a financial mistake in using this company, however I am making payments to them. Without my knowledge, they took me to court and got a a judgement against me. Then, they took me to court again, and are garnishing my wages.
When I made the loan, I didn't have an issue with being able to pay them. Then I had some unexpected medical bills come up and needed a few weeks to figure out how to juggle my money. I let the office know that and they were okay with that. I started by making smaller payments here and there, then I made payments on a weekly basis. I'm still making payments.
I received a letter in the mail stating that I needed to make arrangements to make payment or they would start garnishing my wages. This was the first indication that I had even been taken to court. I was already making payments.
Now, I just received a letter stating that they were garnishing my wages... While I'm making payments! Can they legally do that?
When I made the loan, I didn't have an issue with being able to pay them. Then I had some unexpected medical bills come up and needed a few weeks to figure out how to juggle my money. I let the office know that and they were okay with that. I started by making smaller payments here and there, then I made payments on a weekly basis. I'm still making payments.
I received a letter in the mail stating that I needed to make arrangements to make payment or they would start garnishing my wages. This was the first indication that I had even been taken to court. I was already making payments.
Now, I just received a letter stating that they were garnishing my wages... While I'm making payments! Can they legally do that?
1 Updates & Rebuttals
Robert
Irvine,California,
U.S.A.
Legal..
#2Consumer Comment
Sun, April 29, 2012
Now, I just received a letter stating that they were garnishing my wages... While I'm making payments! Can they legally do that?
- You have a couple of things going on. As to this question yes, if they have a judgment and your state allows it they are allowed to garnish your wages. Even if you are making other payments.
However, your issue is the original suit that allowed them to do this. Each jurisdiction has specific rules to "serve" someone a summons. If they don't follow these regulations you can file a motion with the court to have the judgment vacated/set aside. This would stop the garnishment, and in some cases they would be require to return the money they have garnished.
The first thing you need to do find out where the suit was filed(should be on the paperwork you received). Then go to the Clerk of the Court at the Courthouse it was filed at. You will need to get a copy of the original suit, you are most interested in the "Proof of Service". Some companies do what is know as "Sewer Service", that is serving you at a place that they know you will not get the summons. This is so that you won't show up and they can get a default judgement.
Since you were making payments I imagine you were keeping in contact with them, and if they did this at any other address than your current one you probably have good grounds for this. So if they obviously lied on the Proof of service that would be good grounds to file to have it vacated, and you may want to at least consult a lawyer or see if there is some legal aid group that may help you.
Now if you find that the Service was legal, you are pretty much out of luck and unless you can come to a new agreement(in writing) they may garnish your wages.
