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#1
07-07-2009, 08:56 PM
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How are you notified of a wage garnishmentWhat is the name of your state (only U.S. law)? IN I was sued in small claims court and lost because I did not attend because I never got notification. I have gotten copies of all of the paperwork from the court clerk. Would there be paperwork in there of a wage garnishment? They did levy my bank account and that paper work is there, but figure since it was only $400 and the amount they won was $2500 they will go after garnishment. I just wondered how you are notified of it? |
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#2
07-08-2009, 05:03 AM
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| Did you really owe the money? I don't read where you are denying the debt; just saying you were unable to assert a defense in court. Your employer should notify you when they receive the paperwork. |
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#3
07-08-2009, 10:51 AM
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| Most folks find out about garnishments when they get their first pay check that is short.
__________________ If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me. No private messages, I do not reply to them. |
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#4
07-10-2009, 02:16 AM
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| You may want to call the court and see how you were served. If there was "sewer service" or if you were served at an address you did not live it, you may be able to file a motion to vacate the judgment. |
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#5
07-11-2009, 12:03 AM
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| When I garnish someone's wages,I am required to send them a notice of garnishment,giving them two weeks to settle the debt, or the garnishment begins. I am in Ohio. I have to have a signed return receipt of the notice.If the recipient refuses the notice however, I can then go ahead and file. Last edited by swrdmbo; 07-11-2009 at 12:04 AM. Reason: added note |
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#6
07-12-2009, 07:23 PM
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YesYes I owed the debt, but had I been notified of the court case I would have explained to the judge that under Indiana law the SOL for this type of debt is 6 years, and this debt is now 7 years old. I would have then let the judge decide. I just never got my day in court. According to the paper work it was delivered by a constable, but no time when only a date and a one sentence description of my house. Nothing was marked where it shows mailed or such. They froze my bank account, but nothing has come through with the wage garnishment. I really believe the collection company told the lawyers not to send me anything, hope I don't show, do a bank freeze, get what they can and be happy since they knew the SOL was a possibility. |
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