Do they have a legal judgement to garnish your wages? I would stop in at the payroll dept. and ask to find out any information you can from them. They should have reciecved a letter from a court house stating the judgement to attach your wages. If you can not find information there (which you should) go down to your local courthouse and ask if there is a judgement against you. Was their a hearing and you did not show up? Usually if you do not they can win by default and attatch your wages. I would head directly to the payroll dept and then go to the courthouse. What state are you from? There are 4 states that do not allow for the attatchemnt of wages..just wondering if you are in one of these states.
well, nothing was said to me. dont remember going to court for this. i live in florida. i thought that if i was a single parent, that they couldn't garnish my wages. but my payroll department did not advise me and just did it.
They can in fact garnish wages in the state of Florida. Usually a payroll dept. will not advise you ahead of time of the wage garnishment. I would definatley look into it with them. The place that is garnishing your wages has to have a court prder to do so. This means your case would have to be heard in front of a judge. Are you sure you have recieved no summons or anything? What you need to do is go down to the courthouse and ask someone about it. Someone in the courthouse should be able to pull up the information for you. If there was no judgement than they are collecting on the debt illegally. I think you need to make your first step the payroll dept. and ask to see what document they were given that allows them to garnish your wages.
I can't remember if I went to court for them. I would remember the amount. What if they filed a motion and it went through. What is my next course of action. I am a single parent and was trying to clean my credit and can't afford anyone to garnish my wages. What is my next course of action. My next pay period is in two weeks.
Hi Forshawn
A creditor cannot garnish your wage without a court judgment. I think that the creditor might have send you a court summon which you have neglected. If you neglect and do not file an answer to the summon, the creditor can bring a default judgment against you to garnish your wages. If you think that you do not actually owe the debt you can file a motion to vacate the judgment.
If you win and can prove you in fact do not owe this creditor the money then you should be able to get back what ever money was taken from your wages. What you need to find out is if you did not file an answer to any summons they may have sent. If they filed one and you did not answer then they more than likely won this judgement by default. The amount may look unfamiliar to you because there was probally fees and other things added to the amount after you defaulted on payment. If it did go to court and you were not present then they may also have added on court and atty, fees. Like I said you need to stop off at your payroll department see what information they have there and then head down to the courthouse.
recently discovered a collection agency had a judgement against me a year ago that I had no knowledge of for a joint charge account I thought was closed at least 8 years ago. My ex husband must have somehow reopened it and used the account (we divorced in 2001). I contacted the collection agency, Asset Acceptance LLC and they want me to pay them $6000 but won't give me any proof of the debt. I had an excellent credit report until this and feel this must belong to my ex. How do I get this debt that is not mine, that I have no knowledge of and no record of off my credit report?? Please help.
Wow, you present an interesting problem, I will take a try at this, first off, they must validate the debt no matter what before they validate it.
Can you find out what court the judgement was issued in? Can you contact them and find out when it was and some more details of the judgement. That is where I would start.
Hopefully someone else will come a long and share some more wisdom in this matter, hang out, I hope the little that I did share was some help anyway. goodluck, I will follow this thread to see how it all works out.
First of all can you tell us the kind of debt for which there has been a judgment against you - Is it a credit card debt or an loan debt. If it is a credit card debt and if you have not made payment for the last eight years, you can file a motion to vacate the judgment. However, if it is a loan debt, and both of you have signed the loan application, then the SOL has restarted and you need to pay off the entire debt amount. Anyway since asset acceptance is not willing to provide you with details of the loan and you were not aware of the judgment, you should immediately file a motion to vacate the judgment.
Hi Sheila
Since you are a co-signer of the credit card agreement, you are equally responsible for the debt even if you have not paid with the card. If you do not make the payment towards the debt, the creditor can either garnish your bank account or your wage to recover the debt since there has already been a judgment against you. Since you were not aware of the judgment, you should visit the court which issued the judgment and take a certified copy of the same to be sure that there has been a judgment against you. After that, you can file a motion to vacate the judgment.
thanks for your support. I got the paper work from the court today showing that the process server falsely said I had been served and a copy of the judgement. It's for a Ward's charge that the ex made 5 years after our divorce. I'm going to see a lawyer next week to try to clear this off my credit report.
hope I'm not sending this twice. I'm still open to any ideas/suggestions you may have. This mess happened in MI if that helps. Do you think I should get something in writing from my former employer to prove I was at work at the time I supposedly was served back in 2007? I got a call from Asset Acceptance 2 days ago stating that they got my written request for paper work on this debt they say I owe but they can't get it in time and referred me to their lawyer.
I have been paying back on a loan for a year and half. I have been paying the amount agreed to by their lawyer. All of sudden I just got a letter from the them that the court has issued in order to Garnishment my wages in their favor. They never asked me to pay more and I have not missed any monthly payments. In Kansas, Garnishment is 25% of my wages which will be over $100 more then what we agreed to. Is there anything I can do?
Firstly, did you receive any summon before from the court? If you have received one and did not file an answer to the summon within the date specified on the summon, the creditor can bring a default judgment against you and garnish your wage. Now, if you did not receive any summon, you can file a motion to vacate the judgment, but before that you should visit the court and ask for a copy of the judgment order to check whether they have actually brought judgment against you or not.
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.
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.
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
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.
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?
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.
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?
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.
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.
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.
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,
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?
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
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 clerk’s office. After paying a fee you can fill out the form.
I has set up a payment plan with the lawyer and they had agreed with us. I co-Signed for a friend for a car and this person didn't make the payments like I thought she was I didn't recieved anything in the mail stating she was behind but anyhow we went to court and I took the plead as we do owe so I set up payment plans with the lawyer and I haven't even got my first payment in and they already garnish my checks I can not afford for them to do that and the letter did not state waht % they was taking and when I call the office the lawyer asstistant gets smart and always tells us she can't keep helping us with our questions that we need to get our own lawyer I don't have the money to afford one if I did I would get one and the person I co-signed for dosen't have a job am I entitle to know what the % they are going to take out?
i moved to florida and have been dealing with a collection agency from my previous state regarding an apartment rental. i mailed a certified letter stating the many reasons i broke my lease. and disputing charges that where not valid. the collection company refuses to lessen the charges. i want to know that if i am to receive a order to appear or answer to a court what state would this be required in. my previous state or my present.
I have a question to ask you do i need a asset to file a summons of complaint in small claims court. I was told i do. I thought i could file a summons and if i win the judgment it is good for ten years. and renewable. please advise.
Generally only 25 % of your wages can be garnished. However it depends on the state where you live, the amount you owe and the type of debt you have.
Davis:
If you are being sued, the creditor needs to serve you a notice and also the court dates. If you receive an order to appear in the court, you will have to appear to the one from where you have been served the summons.
When a creditor files a summon in the small claims court, he needs to provide the court with the :
1. Amount of money you owe.
2. Why you are asking for the money or property.
3. Your name and address.
4. The name and address of the debtor.
5. The filing fee.
However after he wins, then the clerk of the court will provide him with the judgment debtor's "statement of asset form", which the judgment debtor then needs to fill up.
I have been served with legal papers that were sent to my old address..when I recived them it was too late to file a summons...the court date was last month. now I am afraid they will garnish my wages even hold my income taxes.. Is there anything I can do?? I will be leaving on a leave of abscents soon from work can they take my disability checks??? I live in California..
I received a notice of Citation to Find out assets. I was given a day to come to court. My employer deducted wages from my check before my court date with the creditors. I was suppose to be given a payment option as stated in IL, Was this Legal to do? I though that I has to receive a wage earner notice before I get a wage can be taken.
No, the creditor is not supposed to take your money before the court gives issues the judgment. You were served with a citation to discover assets. In that a court date must have been mentioned. Only after the court hearing on that stipulated date, can the creditor start taking your money.
You need to get the proof that the creditor has already taken your money. You can then provide this in the court to vacate the judgment.
Hi I am a person who had great credit until 3 years ago my company went on strike. I fell behind in payments on the only credit card I possessed. I tried to make payment arrangements but their arrangement was outrageous! So they decided they were going to go ahead and start garnishing my wages and put a lien on my house. I don't want to file bankrupt. So what should I do.
Can you tell me how much is the debt amount? To stop the garnishment you can try to negotiate a settlement for the second time with the creditor. However, if you find it impossible to pay even the settlement amount, I am afraid you will have to file for bankruptcy. Another option that you have is getting a part time job, that can bring you some money.
However debt settlement can lower your outstanding debt amount by 40-60%.
I have been paying a collection company for more than a year, a payment of 35.00 for medical bills, each month, owed. they state, that now, the need 150.00 each month or will take me to court. no written correspondent on this. they have issued court papers to me on this, should i response to them, I have not yet done so, and fight them on the amount, payment owed? I cannot afford 150.00 a month. thanks, Rick
As you have received summons, you need to answer to that, else they may win a default judgment against you. For answering to the summons, you can visit the court house from where the summons was served. You can declare in the court that you were not served with payment agreement, and that you won't be able to pay such a high amount. Before that make a copy of your monthly income and expenditure. You have to provide that in the court.
My husband received a writ for wage garnishment, it did not start yet. Is there anything I can do to stop this? Also if the writ is only for a wage garnishment can they seize our bank account?
My husband was served a summons on my behalf but does not recall receiving and I was not informed of the court date for the wage garnishment; however I understand this is still considered proper service. In the interim a court date was scheduled and motion was granted for fees.
If the amount that is being deducted causes a financial hardship, do I still have any options? I did file a traverse, but will the judge consider reducing amount if I missed original court date? Will the creditor work with you even if motion granted if I can show a financial hardship to avoid going back to court to present information?
my company is garnishing my wages.$200 every 2 weeks.They will not tell me who is requesting the garnishment or show me any paper work.My pay check only says wage garnishment.
Hello I live in Ohio, and my wages started getting garnished on 10/1/10 without my knowledge at the maximum percentage for my state. I've been told that the only way to stop the garnish is to file a chapter 7, however I've also been told that there is a way to stop the garnish without filing bancruptcy. Can you provide me with any insight? Thank you
I received a summons for a medical bill, I don't go to court till Oct 2011. Today I recieved a letter from my job stating "please be advised that "my company name" is in receipt of an order to with hold on your behalf. Deductions will appear on this week's payroll check and will continue unless we have written documentation from agency/court to stop such deducations."
Can they do that? I do not have a judgement against me, my court date isn't till Oct. I don't understand?
Do they have a legal judgement to garnish your wages? I would stop in at the payroll dept. and ask to find out any information you can from them. They should have reciecved a letter from a court house stating the judgement to attach your wages. If you can not find information there (which you should) go down to your local courthouse and ask if there is a judgement against you. Was their a hearing and you did not show up? Usually if you do not they can win by default and attatch your wages. I would head directly to the payroll dept and then go to the courthouse. What state are you from? There are 4 states that do not allow for the attatchemnt of wages..just wondering if you are in one of these states.
well, nothing was said to me. dont remember going to court for this. i live in florida. i thought that if i was a single parent, that they couldn't garnish my wages. but my payroll department did not advise me and just did it.
They can in fact garnish wages in the state of Florida. Usually a payroll dept. will not advise you ahead of time of the wage garnishment. I would definatley look into it with them. The place that is garnishing your wages has to have a court prder to do so. This means your case would have to be heard in front of a judge. Are you sure you have recieved no summons or anything? What you need to do is go down to the courthouse and ask someone about it. Someone in the courthouse should be able to pull up the information for you. If there was no judgement than they are collecting on the debt illegally. I think you need to make your first step the payroll dept. and ask to see what document they were given that allows them to garnish your wages.
I can't remember if I went to court for them. I would remember the amount. What if they filed a motion and it went through. What is my next course of action. I am a single parent and was trying to clean my credit and can't afford anyone to garnish my wages. What is my next course of action. My next pay period is in two weeks.
Hi Forshawn
A creditor cannot garnish your wage without a court judgment. I think that the creditor might have send you a court summon which you have neglected. If you neglect and do not file an answer to the summon, the creditor can bring a default judgment against you to garnish your wages. If you think that you do not actually owe the debt you can file a motion to vacate the judgment.
If you win and can prove you in fact do not owe this creditor the money then you should be able to get back what ever money was taken from your wages. What you need to find out is if you did not file an answer to any summons they may have sent. If they filed one and you did not answer then they more than likely won this judgement by default. The amount may look unfamiliar to you because there was probally fees and other things added to the amount after you defaulted on payment. If it did go to court and you were not present then they may also have added on court and atty, fees. Like I said you need to stop off at your payroll department see what information they have there and then head down to the courthouse.
civil judgement
recently discovered a collection agency had a judgement against me a year ago that I had no knowledge of for a joint charge account I thought was closed at least 8 years ago. My ex husband must have somehow reopened it and used the account (we divorced in 2001). I contacted the collection agency, Asset Acceptance LLC and they want me to pay them $6000 but won't give me any proof of the debt. I had an excellent credit report until this and feel this must belong to my ex. How do I get this debt that is not mine, that I have no knowledge of and no record of off my credit report?? Please help.
Wow, you present an interesting problem, I will take a try at this, first off, they must validate the debt no matter what before they validate it.
Can you find out what court the judgement was issued in? Can you contact them and find out when it was and some more details of the judgement. That is where I would start.
Hopefully someone else will come a long and share some more wisdom in this matter, hang out, I hope the little that I did share was some help anyway. goodluck, I will follow this thread to see how it all works out.
First of all can you tell us the kind of debt for which there has been a judgment against you - Is it a credit card debt or an loan debt. If it is a credit card debt and if you have not made payment for the last eight years, you can file a motion to vacate the judgment. However, if it is a loan debt, and both of you have signed the loan application, then the SOL has restarted and you need to pay off the entire debt amount. Anyway since asset acceptance is not willing to provide you with details of the loan and you were not aware of the judgment, you should immediately file a motion to vacate the judgment.
Hi Sheila
Since you are a co-signer of the credit card agreement, you are equally responsible for the debt even if you have not paid with the card. If you do not make the payment towards the debt, the creditor can either garnish your bank account or your wage to recover the debt since there has already been a judgment against you. Since you were not aware of the judgment, you should visit the court which issued the judgment and take a certified copy of the same to be sure that there has been a judgment against you. After that, you can file a motion to vacate the judgment.
civil judgement
thanks for your support. I got the paper work from the court today showing that the process server falsely said I had been served and a copy of the judgement. It's for a Ward's charge that the ex made 5 years after our divorce. I'm going to see a lawyer next week to try to clear this off my credit report.
civil judgement
hope I'm not sending this twice. I'm still open to any ideas/suggestions you may have. This mess happened in MI if that helps. Do you think I should get something in writing from my former employer to prove I was at work at the time I supposedly was served back in 2007? I got a call from Asset Acceptance 2 days ago stating that they got my written request for paper work on this debt they say I owe but they can't get it in time and referred me to their lawyer.
Garnishment
I have been paying back on a loan for a year and half. I have been paying the amount agreed to by their lawyer. All of sudden I just got a letter from the them that the court has issued in order to Garnishment my wages in their favor. They never asked me to pay more and I have not missed any monthly payments. In Kansas, Garnishment is 25% of my wages which will be over $100 more then what we agreed to. Is there anything I can do?
Firstly, did you receive any summon before from the court? If you have received one and did not file an answer to the summon within the date specified on the summon, the creditor can bring a default judgment against you and garnish your wage. Now, if you did not receive any summon, you can file a motion to vacate the judgment, but before that you should visit the court and ask for a copy of the judgment order to check whether they have actually brought judgment against you or not.
wage garnishment
i'm receiving threatening phone calls at my job about garnishment. what should I do?
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.
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.
Notice Of Court Proceeding to collect Debt
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
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.
garnishment
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?
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.
reduce garnishment amount
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?
Wage Garnishment
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.
payroll garnishment
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.
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.
judgement order
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,
mailed summon not received in time
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?
PAYROLL GARNISH
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
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 clerk’s office. After paying a fee you can fill out the form.
Garnish Paychecks
I has set up a payment plan with the lawyer and they had agreed with us. I co-Signed for a friend for a car and this person didn't make the payments like I thought she was I didn't recieved anything in the mail stating she was behind but anyhow we went to court and I took the plead as we do owe so I set up payment plans with the lawyer and I haven't even got my first payment in and they already garnish my checks I can not afford for them to do that and the letter did not state waht % they was taking and when I call the office the lawyer asstistant gets smart and always tells us she can't keep helping us with our questions that we need to get our own lawyer I don't have the money to afford one if I did I would get one and the person I co-signed for dosen't have a job am I entitle to know what the % they are going to take out?
garnishment
i moved to florida and have been dealing with a collection agency from my previous state regarding an apartment rental. i mailed a certified letter stating the many reasons i broke my lease. and disputing charges that where not valid. the collection company refuses to lessen the charges. i want to know that if i am to receive a order to appear or answer to a court what state would this be required in. my previous state or my present.
Do i need an asset to file a small claims summons of complai
I have a question to ask you do i need a asset to file a summons of complaint in small claims court. I was told i do. I thought i could file a summons and if i win the judgment it is good for ten years. and renewable. please advise.
garnishmnet
Hi Mimi:
Generally only 25 % of your wages can be garnished. However it depends on the state where you live, the amount you owe and the type of debt you have.
Davis:
If you are being sued, the creditor needs to serve you a notice and also the court dates. If you receive an order to appear in the court, you will have to appear to the one from where you have been served the summons.
asset neede to file a summon
Hi Zenella,
When a creditor files a summon in the small claims court, he needs to provide the court with the :
1. Amount of money you owe.
2. Why you are asking for the money or property.
3. Your name and address.
4. The name and address of the debtor.
5. The filing fee.
However after he wins, then the clerk of the court will provide him with the judgment debtor's "statement of asset form", which the judgment debtor then needs to fill up.
garnishment
I have been served with legal papers that were sent to my old address..when I recived them it was too late to file a summons...the court date was last month. now I am afraid they will garnish my wages even hold my income taxes.. Is there anything I can do?? I will be leaving on a leave of abscents soon from work can they take my disability checks??? I live in California..
reply
Hi dee,
Your query has been answered at http://www.creditmagic.org/judgment/summons-garnishment.html#42858 .
If you have any more queries, you can feel free to discuss those in the forum.
Thanks,
Aaron
Citation to Get Assests
I received a notice of Citation to Find out assets. I was given a day to come to court. My employer deducted wages from my check before my court date with the creditors. I was suppose to be given a payment option as stated in IL, Was this Legal to do? I though that I has to receive a wage earner notice before I get a wage can be taken.
citation to get assets
Hi Lovviee,
No, the creditor is not supposed to take your money before the court gives issues the judgment. You were served with a citation to discover assets. In that a court date must have been mentioned. Only after the court hearing on that stipulated date, can the creditor start taking your money.
You need to get the proof that the creditor has already taken your money. You can then provide this in the court to vacate the judgment.
Thanks,
Aaron
wage garnishment
Hi I am a person who had great credit until 3 years ago my company went on strike. I fell behind in payments on the only credit card I possessed. I tried to make payment arrangements but their arrangement was outrageous! So they decided they were going to go ahead and start garnishing my wages and put a lien on my house. I don't want to file bankrupt. So what should I do.
wage garnishment
Hi,
Can you tell me how much is the debt amount? To stop the garnishment you can try to negotiate a settlement for the second time with the creditor. However, if you find it impossible to pay even the settlement amount, I am afraid you will have to file for bankruptcy. Another option that you have is getting a part time job, that can bring you some money.
However debt settlement can lower your outstanding debt amount by 40-60%.
Thanks,
Aaron
garnishment of wages
I have been paying a collection company for more than a year, a payment of 35.00 for medical bills, each month, owed. they state, that now, the need 150.00 each month or will take me to court. no written correspondent on this. they have issued court papers to me on this, should i response to them, I have not yet done so, and fight them on the amount, payment owed? I cannot afford 150.00 a month. thanks, Rick
garnishment of wages
Hi Rick,
As you have received summons, you need to answer to that, else they may win a default judgment against you. For answering to the summons, you can visit the court house from where the summons was served. You can declare in the court that you were not served with payment agreement, and that you won't be able to pay such a high amount. Before that make a copy of your monthly income and expenditure. You have to provide that in the court.
Hope this helps.
Regards,
Aaron
Wage garnishment
My husband received a writ for wage garnishment, it did not start yet. Is there anything I can do to stop this? Also if the writ is only for a wage garnishment can they seize our bank account?
They will probably have to file different paperwork for the separate issue.
you will want to get a paid in full to make sure they can add anything on and come back and try to sue later.
WAGE GARNISHMENT
My husband was served a summons on my behalf but does not recall receiving and I was not informed of the court date for the wage garnishment; however I understand this is still considered proper service. In the interim a court date was scheduled and motion was granted for fees.
If the amount that is being deducted causes a financial hardship, do I still have any options? I did file a traverse, but will the judge consider reducing amount if I missed original court date? Will the creditor work with you even if motion granted if I can show a financial hardship to avoid going back to court to present information?
wage garnishment
Hi Denise,
I am afraid I won't know if the judgment can be reversed in this case. I think you need to discuss this with an attorney.
Thanks,
Aaron
wage garnishment
my company is garnishing my wages.$200 every 2 weeks.They will not tell me who is requesting the garnishment or show me any paper work.My pay check only says wage garnishment.
if you file bankruptcy does the wage garnishment stop.
Hello I live in Ohio, and my wages started getting garnished on 10/1/10 without my knowledge at the maximum percentage for my state. I've been told that the only way to stop the garnish is to file a chapter 7, however I've also been told that there is a way to stop the garnish without filing bancruptcy. Can you provide me with any insight? Thank you
Hospital Garnishment
I received a summons for a medical bill, I don't go to court till Oct 2011. Today I recieved a letter from my job stating "please be advised that "my company name" is in receipt of an order to with hold on your behalf. Deductions will appear on this week's payroll check and will continue unless we have written documentation from agency/court to stop such deducations."
Can they do that? I do not have a judgement against me, my court date isn't till Oct. I don't understand?