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Joined: 10 Mar 2010
drina_morales's page
Posts: 1

29 Magic Points

Subject: garnishment
Posted on Wed Mar 10, 2010 11:14 pm  

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..

Joined: 10 Mar 2010
NightStar's page
Posts: 142
Location: Illinois

3176 Magic Points

Posted on Thu Mar 11, 2010 1:02 am  

You need to call the court house ask them what proper service is in your state. If you were not given proper notice you can file with the court house to vacate the judgment.

Oh and judgments can't garnish disability. I have a few judgments myself and I am on disability.

But the judgment can stay in affect for a good many years in case you come of disability it might be waiting for you. California judgments have a 10 year statute of limitations.
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Joined: 08 Feb 2010
Aaron's page
Posts: 2632

48565 Magic Points

Subject: missed judgment date
Posted on Thu Mar 11, 2010 6:10 am  

Hi Drina,

You can visit the court where the judgment was filed, and talk about it. However, as far as I know, the debtor must report the change of address to the creditor, so that notices and letters can be sent. If you had informed them of your change in address, then you can file the motion to vacate the judgment with the court.

Moreover, disability cannot be garnished under the Federal Law.

Hope this helps.


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