Garnishment order with a wrong amount - What to do?

Submitted by Anonymous (not verified) on Fri, 06/26/2009 - 06:54

I am currently in NY and my employer has received a wage garnishment order from CA where I used to live earlier. It is to collect a judgment amount for which I never received papers. Recently I got my pay check and they have actually deducted 25% of the wages. I have checked my credit report; there is a default judgment with a $2400 mentioned. But to my horror the garnishment order is trying to collect twice the actual amount. What should I do?

Hi Nick,

It is to collect a judgment amount for which I never received papers.

I think the court summons were served to you in CA, after you moved to NY. But at the same time you can challenge this fact in court that if your creditor was able to locate your employer to serve you with garnishment notice, they could have as well send you the court summons.

It is possible that the debt amount has increased because of the accrued interest. But as far as I know, judgment is a legal action and the rate of interest is decided by the court. A creditor/collection agency cannot increase the rate of interest of the judgment amount, according to their wish.

I think you should contact the court from were the judgment was passed. Probably the court clerk will be able to provide you with papers related to the judgment. If you figure out that you are being garnished for more than what is due, you can challenge the garnishment order in court.

Keep me informed about any progress.

Fri, 06/26/2009 - 09:18 Permalink