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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: 233
6576 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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my garnishment stopped wh
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Subject: garnishment
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Tue Apr 13, 2010 10:15 pm
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| I had garnishment for credit card debt. it stopped after paying almost half of it. wondering why |
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rhonda
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Subject: garnishment
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Tue Apr 13, 2010 10:17 pm
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| my garnishment for credit card stopped after paying almost half. wondering why it stopped |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2632
48563 Magic Points
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Subject: garnishment
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Fri Apr 16, 2010 12:15 pm
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Hi,
Pull a copy of your credit report, and check the status of your account. Check whether or not the account is listed as "Settled" or "Judgment satisfied".
Thanks,
Aaron
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brian
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Subject: garnishment
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Tue Aug 10, 2010 6:34 pm
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| my work received garnishment papers if I file a motion to vacate judgment can I call creditors and make offer? |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2632
48563 Magic Points
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Subject: garnishment
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Wed Aug 11, 2010 9:54 am
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Hi brian,
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| if I file a motion to vacate judgment can I call creditors and make offer? |
Can I know on what basis you are going to file the motion to vacate the judgment? Did not you receive any notice regarding the lawsuit?
You have mentioned that you are going to make an offer to the creditor. So, is it a settlement offer? If it is then yes you can make the settlement offer. However, whether or not the creditor will agree to your offer is upto the creditor.
Thanks,
Aaron
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lala08
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Tue Aug 17, 2010 12:41 pm
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| I received a summons stating that the creditor was filing a lawsuit against me and that I had 30 days to contact the lawyer or a court date would be set. I contacted the lawyer who gave me three options to pay. I never received any paperwork from them stating our agreement and therefore did not pay. Now I have received a notice stating that there has been a judgement against me which will garnish my wages for 25% of my take home pay. My question is: are they allowed to get a judgement against me without my knowledge of a court date? And also, is there anything I can do to stop the garnishment? What is my next step? According to the documents, I can file a traverse but I have no idea what that is. |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2632
48563 Magic Points
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Subject: summons
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Wed Aug 18, 2010 7:52 am
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Hi lala,
You should have answered to the summons. Even if you settle with your creditor you are supposed to answer to the summons if you receive one. Moreover, you didn't even get a settlement agreement.
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| My question is: are they allowed to get a judgement against me without my knowledge of a court date? |
You were served the summons. Thus, you are supposed to know about the court date. The court won't know that you had a verbal settlement with the creditor.
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| According to the documents, I can file a traverse but I have no idea what that is. |
You can file a traverse to dissolve the garnishment. But you will have to give valid reasons for this. I think you should consult an attorney.
Thanks,
Aaron
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rmariano
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Subject: SUMMONS AFTER 30 DAYS
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Tue Jan 11, 2011 4:23 am
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| I RECEIVED SUMMONS FROM THE COURT 30 DAYS AGO BUT GOT VERBAL SETTLEMENT WITH THE CREDITOR. DO I STILL HAVE TIME TO RESPOND TO THE SUMMONS? HELP. |
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Mrs. Lee
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Subject: Unemployment Benefits
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Fri Mar 25, 2011 7:14 pm
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| I received a judgement for garnishment of wages due to unpaid credit cards and unpaid college loans. Can they garnish my unemployment check? |
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senia
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Subject: Garnishment
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Wed Nov 16, 2011 10:50 pm
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| I have a credit card debt I tried to come to a payment agreement with my creditors and I could not. A Law firm now is handling this debt and they basically want the full amount . I received the garnishment letter from the payroll dept. 25% which is $300 a month my take home pay is 1,200.00 a month which will leave me short.what other options to I have since they did'nt want to take $5000 as a pay off. Would filing a Traverse make a difference at this point. |
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Muhammed
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Subject: Traverse Garnishment
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Sat Feb 18, 2012 9:01 pm
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HOA has did the garnishment on my A/c for $9000
This funds came from wire transfer to my a/c and belongs to a company out side the
country and I have to buy the goods for them and I was making 2 % commission
I am on disability since Jan 3 2009 ( 3 years ) and I have all the proves of workers comm. pay stub for 2 years and than one year state disability.
All 3 years disability payment has over in Oct 2011 and know since last 3 months I have not received any funds from any where.So no income at all.
Hoa was on a Land , I bought it 5 years before and now I am not paying there mortgage's also plus the vale of the land is also not even $9000
Now what should I write in the Traverse Garnishment ? |
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