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Old 03-20-2006, 04:39 PM
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Join Date: Mar 2006
Posts: 1

Court Order never received


What is the name of your state? IL
I just received notice of garnishment of my wages. apparently my ex-husband signed for the court appearance and never gave it to me. We have been divorced since 4-11-05, he has lived in a seperate city since 6-04 and was visiting the kids when this was received. I never received any notice except for this garnishment.

How do I proceed? Can this be legal?
  #2  
Old 03-20-2006, 04:59 PM
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Join Date: Oct 2005
Posts: 1,529
Let's agree that it wasn't nice. Unless he took and concealed your mail, I haven't figured out whether there is an illegal act, other than a postal offense (which would likely be a felony but that's of secondary importance now).

You haven't told us exactly what the purpose of the notice was. To simply inform you that a garnishment order had been received? To give you the opportunity to claim exemptions?

The real issue is whether seeing it would have changed things, and the answer to that is probably no - not if the order was already in place, because you're never going to forfeit your ability to claim exemptions, and I would suggest that you make that your first priority. His taking it doesn't change anything for your creditor or employer.

Find out what, if anything, can be exempted, file your claim, get your hearing and ruling and protect what you can. Worry about the S*B later.
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