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jnnd
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Subject: Is it possible to stop garnishment?
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Wed Jul 01, 2009 4:37 am
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| My employer received court orders that have a garnishment notice. But I have never received any court orders, no phone call nothing. Though I don't deny I defaulted on credit card payments. But they did not even give me an opportunity to pay back. Garnishment begins in the next 30 days. Is there any way I can stop garnishment? |
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rachael
Joined: 11 May 2009
rachael's page
Posts: 244
6581 Magic Points
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Wed Jul 01, 2009 8:36 am
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Hi jnnd,
A creditor cannot garnish your wages without a court order. I think you should go to the court which passed the garnishment order. The court clerk will be able to provide you with the papers related to the judgment. If you feel you did not receive the court summons, you can file a motion to vacate judgment. Filing for motion to vacate judgment will temporarily stop garnishment.
You will have to fill out a form and pay a fees. You will be given a date (your creditor will also be informed), when your case will be heard. If the judgment goes in your favor, the case will be dismissed and the court will give you a document as proof of the same. Garnishment of your wages will also stop, if you win the case.
_________________
Looking forward to a debt-free life. |
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Wed Jul 01, 2009 10:52 am
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| Yes, this is possible. Garnishment can be stopped if you talk to your creditors directly. Do not ignore any letters or phone calls of your creditors; take time off to talk with them directly or through their lawyer for an amicable settlement of the debt. However, a person need to come to an agreement with your creditor before he files for a garnishment. |
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William
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Subject: Wage garnishment
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Tue Oct 20, 2009 3:40 am
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| My employer has recieved a writ of garnishment. I have obtained a form from the court of where the writ of garnisment came from in littleton,CO. The form has the words "motion to" and than a line where I can fill in what I want to motion. To re-issue the garnishment, what should I fill in on the line after the words "motion to"? |
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