+ Reply to Thread
Results 1 to 2 of 2
  1. #1
    86ncee is offline Junior Member
    Join Date
    Jun 2011
    Posts
    3

    Eviction resulting in Wage Garnishment - never served

    What is the name of your state (only U.S. law)? CO

    Can I get out of an eviction debt if I was not served papers for wage garnishment? How can I find out? What is proper procedure for serving papers?

    I have been told by a collector of an eviction debt for nearly ten thousand dollars - that I was summonsed and they went to court and sued me for the debt so that they can pursue wage garnishment. The debt is 3 years old - Colorado. They have my correct mailing address because I received a letter from the collection agency warning me that a summons had been sent and I should contact to settle before the date of court on the summons. I never received any notice from the court, no summons or anything else. When I called them they said they'd already won in court. I asked if I contact the court then to set up payments and they said no I still set it up with them. THey laid out many options - none of which I can afford to pay. Who do I contact to make sure they went to court? What can I do if they did since I was never summonsed?
  2. #2
    AlmostALawyer is offline Member
    Join Date
    Jun 2010
    Location
    Office Chair
    Posts
    424
    Quote Originally Posted by 86ncee View Post
    What is the name of your state (only U.S. law)? CO

    Can I get out of an eviction debt if I was not served papers for wage garnishment? How can I find out? What is proper procedure for serving papers?

    I have been told by a collector of an eviction debt for nearly ten thousand dollars - that I was summonsed and they went to court and sued me for the debt so that they can pursue wage garnishment. The debt is 3 years old - Colorado. They have my correct mailing address because I received a letter from the collection agency warning me that a summons had been sent and I should contact to settle before the date of court on the summons. I never received any notice from the court, no summons or anything else. When I called them they said they'd already won in court. I asked if I contact the court then to set up payments and they said no I still set it up with them. THey laid out many options - none of which I can afford to pay. Who do I contact to make sure they went to court? What can I do if they did since I was never summonsed?
    I would start by contacting the clerk in the county in which the alleged debt arose (county you were evicted) to see if and when a complaint/judgment was filed/entered.

    Further, in my experience with debt collection agencies...they don't tend to assist you much. They just want your money. I'm not surprised that they aren't being very helpful.

    Finally, the debt collection agency appears to be giving conflicting information, if what you state is true. They say to contact them to settle before the date of court, but also tell you there is nothing you can do. Sounds fishy, unless you waited a long period of time between receipt of the letter and your phone call. I'd investigate this issue prior to paying them a dime. I would also recommend seeking counsel.

Similar Threads

  1. Bank Garnishment without wage garnishment - is this legal?
    By databit in forum Debt Collections
    Replies: 5
    Last Post: 04-25-2007, 11:15 PM
  2. unemployed 1 garnishment already,served again
    By mangofrt in forum Debt Collections
    Replies: 2
    Last Post: 07-10-2006, 05:56 PM
  3. Wage Garnishment
    By mumwag in forum Debt Collections
    Replies: 0
    Last Post: 05-11-2006, 06:35 PM
  4. wage garnishment after eviction
    By woodsn3 in forum Other Real Estate Law Questions
    Replies: 1
    Last Post: 08-04-2000, 09:07 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.