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  #1  
Old 12-21-2008, 09:00 AM
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Join Date: Dec 2008
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Unhappy

I really need some help here!!


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



I woke up this morning and found that $200 of my paycheck had been stripped from me!! Now, I know that this is early to look into this, but the issue is that my friend told me that a company called Aurora Enterprises Inc. started to garnish his wages two months ago with no notice what so ever. He just found out when he got his check. The bill was from 2005. Well I went the the same college as him, and my tution like his was handled by student loans that paid in full the money owed. Suddenly, we are both getting garnished!!. I just found out this morning that this is happening and I got NOTHING from these people!!!

Is that even legal???? I thought they were supposed to send you some form of letter or something to tell you what was going on and I have gotten nothing!!! My friend who is going through the same crap, was told they could not find him even though was at the same house and job for two years!! I have been at my job, college, and address for two years and got no letters. In addition, when he asked for copies of the letters, he was given letters with addresses he had never lived at on them!!

What can we do????
  #2  
Old 12-21-2008, 11:23 AM
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Quote:
Originally Posted by videogirl01 View Post
What is the name of your state (only U.S. law)? TN



I woke up this morning and found that $200 of my paycheck had been stripped from me!! Now, I know that this is early to look into this, but the issue is that my friend told me that a company called Aurora Enterprises Inc. started to garnish his wages two months ago with no notice what so ever. He just found out when he got his check. The bill was from 2005. Well I went the the same college as him, and my tution like his was handled by student loans that paid in full the money owed. Suddenly, we are both getting garnished!!. I just found out this morning that this is happening and I got NOTHING from these people!!!

Is that even legal???? I thought they were supposed to send you some form of letter or something to tell you what was going on and I have gotten nothing!!! My friend who is going through the same crap, was told they could not find him even though was at the same house and job for two years!! I have been at my job, college, and address for two years and got no letters. In addition, when he asked for copies of the letters, he was given letters with addresses he had never lived at on them!!

What can we do????

You will be getting information from your bank regarding this levy. Once you do, call the court listed on the document and you will be able to obtain the information you are looking for.

If this is for your student loan, then you are SOL. My suggestion to you is to contact the jugement creditor and make arrangements to pay them the balance you owe on more suitable (for you) terms.

If you don't and you're entitled for a refund because of tax overpayment in 2008, you can kiss that goodbye too.
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  #3  
Old 12-21-2008, 01:13 PM
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Quote:
Originally Posted by Wirelessany1 View Post
You will be getting information from your bank regarding this levy. Once you do, call the court listed on the document and you will be able to obtain the information you are looking for.

If this is for your student loan, then you are SOL. My suggestion to you is to contact the jugement creditor and make arrangements to pay them the balance you owe on more suitable (for you) terms.

If you don't and you're entitled for a refund because of tax overpayment in 2008, you can kiss that goodbye too.


You are extremely lost... OP is telling you about a WAGE GARNISHMENT nothing to do with a bank levy did you even read the OP?

OP, please ignore everything the 2nd response said. Moving on to some correct information, The only thing he did say that was correct is that if it is for a student loan there is nothing much you can do especially if its a federal one. I'm sure they had your original address on file and were sending all letters and notifications there which the post office should have returned or fowarded to your new address. Also you do have a judgment entered against you now which is a public record you just have to find what court it is in (95% of the time it will be where you live)

My advice is, if you legitimately owe the money and do not have a meritorious defense as to why you do not owe the money, just let the income execution finish itself out.
  #4  
Old 12-21-2008, 08:59 PM
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Location: Deep East Texas
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Quote:
Originally Posted by videogirl01 View Post
I woke up this morning and found that $200 of my paycheck had been stripped from me!!
She got the information as soon as she woke up. We don't know if she logged on to her online banking and saw the reduced paycheck deposit or if she logged on to the company that produces her paycheck and saw the garnishment. At this point it's all speculation as to how she got the information and how accurate are her assumptions.

What is important is there is a possibility the she may have a judgment against her for student loans. Therefore, Wirelessany1 is right in that the OP needs to contact the court and get all the pertinent informaion.
Quote:
Originally Posted by creditorRights
You are extremely lost... OP is telling you about a WAGE GARNISHMENT nothing to do with a bank levy did you even read the OP?

OP, please ignore everything the 2nd response said.
Maybe you should think a few minutes before answering a posting. It has been our experience on this board when new people come in and attack the seniors they are either trying to establish that they are a more superior knowlege expert or they just like to be a wise-a. Either way their credibility, if any, takes much longer to be established.
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Quote:
Originally Posted by dolly09 View Post
Apparently others (those who have obviously received no further education than a diploma or more likely a G.E.D) quitting a sorority does not implicate you have quit college. ....I am receiving my masters in Communication in two weeks.

Private message from dolly a few days later: "when did communications have anything to do with grammar and puncutation."
  #5  
Old 12-21-2008, 09:49 PM
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Quote:
Originally Posted by creditorRights View Post
You are extremely lost... OP is telling you about a WAGE GARNISHMENT nothing to do with a bank levy did you even read the OP?

OP, please ignore everything the 2nd response said. Moving on to some correct information, The only thing he did say that was correct is that if it is for a student loan there is nothing much you can do especially if its a federal one. I'm sure they had your original address on file and were sending all letters and notifications there which the post office should have returned or fowarded to your new address. Also you do have a judgment entered against you now which is a public record you just have to find what court it is in (95% of the time it will be where you live)

My advice is, if you legitimately owe the money and do not have a meritorious defense as to why you do not owe the money, just let the income execution finish itself out.
Yikes you are right creditor I misread the OP's post. Your e-attitude did, however come across very arrogant. If you want to make a name for yourself on this forum I suggest that you use a bit of decorum.

...and by the way I AM A SHE

take care, ana
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Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
  #6  
Old 12-21-2008, 11:44 PM
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Join Date: Dec 2008
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Garnishment


Hi,

Thanks all. I can tell you this much, it is not a student loan as I have been in contact with and paying them, and have been on time. I am not sure what it is. My company releases our pay stubs on line for us, and at the time I got it I could only see the gross and net. I have been able to get the stub and they took $150.71, and the only thing it says is CRED GARN CGPN what ever that means! I am calling payroll in the AM to get some more info on this mess. I am not sure who is doing what, but I swear I have gotten nothing on any of this and from what I can tell, CGPN means CYBER GROUP NETWORK CORP. I have never heard of this company and have never dealt with them in my life!! As for my poor friend, College America has a history of double charging the students. Roy is paying on his student loans like I am and is in good standing. He had a zero balance when he left.

What gets me is that they were supposed to let me know about this!! I have been in the same place and same job 2 years now! I worked for a credit collection place for a year and I know that they have departments that just skip trace. As long as you have a job/bill/address and SSN, you can be found. Letters my friend got were to places he never lived and that was only after he demanded to see them.

I will keep you all posted.
  #7  
Old 12-21-2008, 11:47 PM
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Posts: 4
I just got all three credit reports, and there is no judgments listed on them at all! No garnishment orders, nothing! And my reports are a few days old.


Quote:
Originally Posted by creditorRights View Post
You are extremely lost... OP is telling you about a WAGE GARNISHMENT nothing to do with a bank levy did you even read the OP?

OP, please ignore everything the 2nd response said. Moving on to some correct information, The only thing he did say that was correct is that if it is for a student loan there is nothing much you can do especially if its a federal one. I'm sure they had your original address on file and were sending all letters and notifications there which the post office should have returned or fowarded to your new address. Also you do have a judgment entered against you now which is a public record you just have to find what court it is in (95% of the time it will be where you live)

My advice is, if you legitimately owe the money and do not have a meritorious defense as to why you do not owe the money, just let the income execution finish itself out.
  #8  
Old 12-22-2008, 11:17 AM
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I do apologize for coming off the way I did, it was very obnoxious and rude. And I may not have credibility in this forum but I have been working for a debt collection Attorney for 8 years (my father is the Attorney), also I am in my first year of law school... so I know what I am talking about when it comes to this sort of stuff.


As said if your credit reports are not showing any judgments they may not have picked them up yet, the way judgments are placed on credit reports is by the credit agency scanning the court systems looking for judgments.
  #9  
Old 12-22-2008, 11:18 AM
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Posts: 689
I'm still concerned about this case, assuming the OP provided complete and correct information. I have more than one case of direct experience where collection agencies simply fail to perform any collect effort whatsoever. Additional cases exist with people I know, and at least one of them was harmed financially by a second creditor failing to collect on an a debt that would have been paid (he sued back and got it settled in his favor ... e.g. he got more money than he owed).

But I am even more concerned that a civil case could progress without the OP being served when the OP was at the same address and could have easily been served. A judgment and garnishment hurts people more than a past due debt in payment plan. If the OP really was never served, or incorrectly served, they should have a right to get back to the position where they would be if the creditor or first debt collector had contacted them and a payment plan was set up to pay the debt (or even better, pay it off in full).

The big problem for the OP is that it will cost a lot of lawyer money to get "the right thing" done (unwind the mess and make it right). So she's just going to have to live with the "damage" caused by someone else.

All this is assuming her story is true and there are no situations like being served and ignoring it (always a bad thing to do, but as we see here so often, people frequently ignore and assume it just goes away, and end up getting burned by it).
  #10  
Old 12-22-2008, 11:31 AM
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Quote:
Originally Posted by cosine View Post
I'm still concerned about this case, assuming the OP provided complete and correct information. I have more than one case of direct experience where collection agencies simply fail to perform any collect effort whatsoever. Additional cases exist with people I know, and at least one of them was harmed financially by a second creditor failing to collect on an a debt that would have been paid (he sued back and got it settled in his favor ... e.g. he got more money than he owed).

But I am even more concerned that a civil case could progress without the OP being served when the OP was at the same address and could have easily been served. A judgment and garnishment hurts people more than a past due debt in payment plan. If the OP really was never served, or incorrectly served, they should have a right to get back to the position where they would be if the creditor or first debt collector had contacted them and a payment plan was set up to pay the debt (or even better, pay it off in full).

The big problem for the OP is that it will cost a lot of lawyer money to get "the right thing" done (unwind the mess and make it right). So she's just going to have to live with the "damage" caused by someone else.

All this is assuming her story is true and there are no situations like being served and ignoring it (always a bad thing to do, but as we see here so often, people frequently ignore and assume it just goes away, and end up getting burned by it).


I dont know what the service laws are like in OP's state but if they are anything like NY's she could have gottten "served" without essentially being served.
  #11  
Old 12-22-2008, 11:40 AM
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Angry

Garnishment


Ok, I have looked into the matter and now I am really upset! This is not education related thank goodness, but it is a matter that is going to get ugly. A cell phone dealer in MI, that has been busted and deported now, talked me into a cell phone and then put 4 other people on my account. I know the people and not a single one paid their bill!! Now I am stuck with it. I still was not served, and nothing is on my report and I took care of this matter last year!!

Is this legal?? What can I do to get the others to pay up?? I am not doing this alone!!!
  #12  
Old 12-22-2008, 11:57 AM
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Quote:
Originally Posted by videogirl01 View Post
Ok, I have looked into the matter and now I am really upset! This is not education related thank goodness, but it is a matter that is going to get ugly. A cell phone dealer in MI, that has been busted and deported now, talked me into a cell phone and then put 4 other people on my account. I know the people and not a single one paid their bill!! Now I am stuck with it. I still was not served, and nothing is on my report and I took care of this matter last year!!

Is this legal?? What can I do to get the others to pay up?? I am not doing this alone!!!
You should be getting information on the garnishment from your employer. You need to go to the court and get information on the judgement.

In order to get paid back from the others, you will have to sue them individually.
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Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
  #13  
Old 12-23-2008, 10:13 AM
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yeah if i was in your shoes order to show cause imo
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