The Complainant purchased a vehicle on February 16, that was financed by my client, the creditor The Complainant failed to make the monthly installment payments and the creditor repossessed the vehicle and sold it at an automobile auctionAfter the sale there remained a deficiency balance that the creditor pursued through a court actionOn December 23, a Complaint was filed with the Court of Common Pleas in Wilmington DelawareA private process server personally served the Complainant on June 15, 2009.The Complainant had days to respond to the Complaint and failed to do soOn November 9, an Entry Of Default Judgment was enteredThe original retail installment contract provided for the Complainant to pay interest at the rate of 24% per annum The Complaint and the Entry Of Default Judgment only requested interest at the rate of 10%The total judgment amount was $which included the deficiency balance of $5019.05, $prejudgment interest, $attorney fees, and $for court costs plus post judgment interest at the rate of 10% On March 8, a wage garnishment was issued to attach the Complainant's wages at her place of employment.The place of employment was served a summons that indicated the total amount due was$plus interest from July 16, and court costs of $Pursuant to Delaware law the employer is to withhold 15% of the net disposable incomeThe employer forwarded $for the first withholding period and my office agreed to reduce the amount from $to $per pay periodThe employer continued to withhold funds until March 26, at which time it ceased doing soThe employer was not directed by my office nor by my client to terminate the wage garnishmentAt the time of the wage garnishment termination a $balance remainedThis balance remained because of the interest accrued over the six years since the judgment was obtainedEach receipt is credited first against court costs, then against unpaid interest, then principal, and finallyattorney feesInterest only accrues on the principal Attached are the court filings and a redacted payment history report.The Complainant contacted our office several timesWe were able to reduce the withholding amountThe Complainant was Im happy about the accruing interest on the debt and offered a nominal amount to satisfy the remaining balanceMy client refused to accept the nominal amount and countered with a sum less than the current balance at the timeI have no independent authority to accept the Complainant's offerThe Complainant was unhappy with my client's position and expressed great unhappiness.Our firm provides legal services and does not place outbound calls to debtorsAs such our firm's policy is not to harass debtors; we supply the client's position to the defendantThe Defendant's unhappiness with the response can only be responded to by forwarding the request to the client for a decision We did this in this case.If the Complainant offered a settlement to my client directly and my client accepted it, my office would have been notified and would have entered a satisfaction of the judgment and terminated the wage garnishmentIn fact my client directed me to re-initiate the wage garnishment because no funds were received.Recently when the Complainant called my office she insisted that my office had terminated the wage garnishment This was factually untrue and she would not accept this fact It appears the place of employment terminated the wage garnishment I have no knowledge of why they terminated the attachment.The Complainant 's desired settlement is that the garnishment be terminated The Complainant has paid the balance due on the loan but has not paid the amount of the judgment amount nor has she paid all the accrued interest I forwarded her request to my client on October and I checked with them again on October I received a response on October that they are still reviewing the matter.Please call me if you have any questions
The Complainant purchased a vehicle on February 16, that was financed by my client, the creditor The Complainant failed to make the monthly installment payments and the creditor repossessed the vehicle and sold it at an automobile auctionAfter the sale there remained a deficiency balance that the creditor pursued through a court actionOn December 23, a Complaint was filed with the Court of Common Pleas in Wilmington DelawareA private process server personally served the Complainant on June 15, 2009.The Complainant had days to respond to the Complaint and failed to do soOn November 9, an Entry Of Default Judgment was enteredThe original retail installment contract provided for the Complainant to pay interest at the rate of 24% per annum The Complaint and the Entry Of Default Judgment only requested interest at the rate of 10%The total judgment amount was $which included the deficiency balance of $5019.05, $prejudgment interest, $attorney fees, and $for court costs plus post judgment interest at the rate of 10% On March 8, a wage garnishment was issued to attach the Complainant's wages at her place of employment.The place of employment was served a summons that indicated the total amount due was$plus interest from July 16, and court costs of $Pursuant to Delaware law the employer is to withhold 15% of the net disposable incomeThe employer forwarded $for the first withholding period and my office agreed to reduce the amount from $to $per pay periodThe employer continued to withhold funds until March 26, at which time it ceased doing soThe employer was not directed by my office nor by my client to terminate the wage garnishmentAt the time of the wage garnishment termination a $balance remainedThis balance remained because of the interest accrued over the six years since the judgment was obtainedEach receipt is credited first against court costs, then against unpaid interest, then principal, and finallyattorney feesInterest only accrues on the principal Attached are the court filings and a redacted payment history report.The Complainant contacted our office several timesWe were able to reduce the withholding amountThe Complainant was Im happy about the accruing interest on the debt and offered a nominal amount to satisfy the remaining balanceMy client refused to accept the nominal amount and countered with a sum less than the current balance at the timeI have no independent authority to accept the Complainant's offerThe Complainant was unhappy with my client's position and expressed great unhappiness.Our firm provides legal services and does not place outbound calls to debtorsAs such our firm's policy is not to harass debtors; we supply the client's position to the defendantThe Defendant's unhappiness with the response can only be responded to by forwarding the request to the client for a decision We did this in this case.If the Complainant offered a settlement to my client directly and my client accepted it, my office would have been notified and would have entered a satisfaction of the judgment and terminated the wage garnishmentIn fact my client directed me to re-initiate the wage garnishment because no funds were received.Recently when the Complainant called my office she insisted that my office had terminated the wage garnishment This was factually untrue and she would not accept this fact It appears the place of employment terminated the wage garnishment I have no knowledge of why they terminated the attachment.The Complainant 's desired settlement is that the garnishment be terminated The Complainant has paid the balance due on the loan but has not paid the amount of the judgment amount nor has she paid all the accrued interest I forwarded her request to my client on October and I checked with them again on October I received a response on October that they are still reviewing the matter.Please call me if you have any questions