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pat
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Subject: wage garnishment
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Tue Feb 17, 2009 8:07 pm
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| i'm receiving threatening phone calls at my job about garnishment. what should I do? |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17417 Magic Points
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Wed Feb 18, 2009 12:56 pm
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Your wage can never be garnished without a judgment against you. Now, my question is whether you have got any summon before, regarding any debt? If you have been sued to the court and the creditor has brought judgment against you, then your wage can be garnished, else not. However, if you are not aware of any judgment, you can pull out your credit report and check it there. If you find any judgment, it means that there has been a default judgment against you. If you do not agree with the judgment, you can file a motion to vacate it.
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Where there's a will, there's a way !! |
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scott
Joined: 28 Jun 2006
scott's page
Posts: 462
10934 Magic Points
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Wed Feb 18, 2009 1:01 pm
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Yes, I agree with Mary. Wage Garnishment can never be made without a judgment against you. Now to bring a judgment, they first need to bring a lawsuit against you, send you a summon and then bring judgment against you. Moreover there are four states where wage cannot be garnished. They are PA, North and South Carolina and Texas.
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SCOTT
Use your credit account responsibly and enjoy a debt free life. |
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Eric
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Subject: Notice Of Court Proceeding to collect Debt
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Mon Mar 16, 2009 8:54 pm
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I need advises about Garnishment.I Live In Columbus-Ohio,Where I studied and Stop 1yr before graduating from College.I own the University almost $10.000 in debt and interst and court cost.
They send me a notice with 3 options, which are:
1) pay the amount due.
2)comlete the form entitled "Payment to avoid Garnishment"
3)Apply to your local municipal for appointment of Trustee.
I earn $8.50/hr and work 4hrs for 5 days. They told me if they don't ear from in 2wks, they will go to court.
My family can't pay anymore.What Can I do? Need help. don't have money for lawyer |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1362
Location: Los Angeles, California
29592 Magic Points
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Tue Mar 17, 2009 5:41 am
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If you are unable to pay off the debt, there is no other way but to wait for them to take you to the court and bring judgment against you. They can either garnish your wage or your bank account to recover the debt. But since you do not have a full time job, your wage will not be garnished now. They will start garnishing your wage once you get a full time job.
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Keep in touch
Carol |
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macomiem
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Subject: garnishment
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Wed May 06, 2009 5:27 pm
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| I received notice yesterday to begin garnishment of my wages. What do I need to do to stop this action? Secondly, I signed for the court documents does my employeer need to see them if I call the company trying to collect and try to work something out or it is to late? |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1362
Location: Los Angeles, California
29592 Magic Points
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Thu May 07, 2009 7:56 am
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Hi Eric
If you cannot make further payments towards the debt, you have no other option but to wait for the creditor to sue you to the court and bring judgment against you either to garnish your wage or your bank account. Even if they do not garnish your wage right now, they can do so within the SOL period. Judgments has its own SOL and the creditor can recover the judgment money anytime within the SOL period.
If you do not appear at the court, there may be a default judgment against you by the creditor. Now, even if the creditor brings judgment, you can negotiate with them and pay them the judgment money under repayment plan and avoid wage garnishment.
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Keep in touch
Carol |
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Lakisha Miller
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Subject: reduce garnishment amount
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Fri May 08, 2009 7:23 pm
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| My husband and I had an old hospital debt from 2003. He was contacted by an attorney in 12/08 and completed forms regarding his income and what we though was a payment request. it stated that we could either complete the form and send in copies of our paystub or go to court. we sent in all requested info and DID NOT go to court. he then received a 25% garnishment notice. He then contacted the judge and was told nothing could be done because he didnt show the first time...is this legal? |
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rachael
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Subject: Wage Garnishment
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Sat May 09, 2009 6:27 am
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Hi Lakisha Miller,
Have you retained copies of the form that you filled in 12/08? Was it mentioned in writing that you either fill the form or go to court? Or is it that the attorney just mentioned it verbally? If you have the copies you can contact the judge and tell him that you have done whatever was asked for. It might be that you were misinformed. Contact your original creditor and try to negotiate your dues. Tell the judge to give you some time to settle the debts before the wage garnishment notice comes into play.
Good luck to you. |
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Fay
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Subject: payroll garnishment
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Mon May 18, 2009 12:51 pm
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| my husband salary was garnish through his employer in Georgia. He was not notified from his employer or the collection agency. Therefore, we did not have the opportunity to answer in our defense. Please advise. |
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rachael
Joined: 11 May 2009
rachael's page
Posts: 244
6581 Magic Points
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Wed May 20, 2009 10:40 am
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Hi Fay,
As far as I know, you should be sent a prior notice before your wages are garnished. However, I have heard there are certain laws in Georgia, by which you can challenge a garnishment order, if you haven't received prior notice. You can either ask your employer or your creditor, the details of the court from where the garnishment notices were served. Consult an attorney to go ahead with the legal procedures. Good luck to you.
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Looking forward to a debt-free life. |
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Subject: judgement order
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Mon Sep 28, 2009 10:35 pm
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| I had a judgement of 3200.00 I have not missed a payment since the judgement. I have paid over the judgement and I contacted the office that I have paid and they have added more intrest. It is a old credit card debt that was for 800.00 but it ended up being 3200. which included intrest and court fee. I should have paid this debt off What can I do, |
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Cheng Zhou
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Subject: mailed summon not received in time
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Wed Oct 07, 2009 9:55 pm
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what if I never received the summon, but the server files an affidavit that it has been nailed and mailed to my old address. When I came to know about this the time period to respond is over.
Will they take default judgement or can i contact them and say that I was not served and one of my friend who went to my old apt found the notice and informed me. Can this be a proper service? |
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aj
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Subject: PAYROLL GARNISH
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Thu Oct 15, 2009 6:30 pm
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| I HAVE A CREDIT ISSUE AS WELL WHERE A CREDITOR WHO WAS REMOVED FROM MY CREDIT REPORT WAY BEFORE THEY GARNISHED A % OF MY PAYROLL WAGES JUST TODAY (10/15/09) ISNT THERE A STATUE OF LIMITATION FOR DOING SO? IM IN FLORIDA....I HAD NO IDEA UNTIL I RECEIVED MY PAYCHECK AND CONTACTED THE HR DEPT. I READ ALL THE OTHER STATEMENTS IM GOING TO GO TO THE COURT HOUSE AND SEE IF THEY DID THIS LEGALLY BY IT NEVER SHOWED ON MY CREDIT REPOST THAT I HAD A JUDGEMENT WHICH I WOULD THINK IT SHOULD NO RECORD OF IT AT ALL...MY QUESTION ONCE I FILE AN ORDER TO VACATE THEN WHAT HAPPENS FROM THERE |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1298
28935 Magic Points
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Fri Oct 16, 2009 11:31 am
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Hi Cheng,
I think you have to file a motion to vacate the judgment, since the summon was sent to your old address. In your case you will have 180 days to file this motion since you did not know that there was a notice from the court. You get the form at the clerkâs office. After paying a fee you can fill out the form.
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All the Best 
Justin |
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