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Garnishment

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Tdize36

Junior Member
What is the name of your state (only U.S. law)? Denver Colorado what can I do if I am being wrongfully garnished this bill is from my workmans comp case where the insurance company was supposed to pay and now I am getting garnished 25% of my checks the reason I didnt contest is because I didn't receive my papers till the day after my 1st garnishment what can I do here I am about to lose my car and bills r falling behind please help I have tried everything and don't know what to do
 


adjusterjack

Senior Member
Well they took it to court and the judge issued it
That's the classic definition of a lawsuit.

I suggest you go to the courthouse and get copies of everything in the case file.

If you were sued, went to court, lost the case, then there is nothing wrongful about the garnishment.

Feel free to come back to this thread and discuss it after you get the case file.
 

Tdize36

Junior Member
Ok thank you I do have the paperwork I received from the courts that was emailed to my job that my job failed to give me until after being garnished if that's what your talking about
 

adjusterjack

Senior Member
What you received may just have been the Writ of Garnishment.

You should have gotten served a copy of the Writ separately from what was served on your employer.

Here's an explanation of the garnishment process:

https://www.courts.state.co.us/Forms/PDF/JDF 82 How to Collect a Judgment and Issuing a Writ of Garnishment R6 15 (FINAL).pdf

If the creditor slipped up in the procedure you might be able to get the garnishment quashed and make the creditor start over.

Additional information is available at:

[/url]https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=29[/url]

You'll still need the complete case file to understand why you were sued and why it went against you.

It would also be a good idea to talk to an attorney.
 
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HRZ

Senior Member
GO get copies of the entire court file , from the beginning. . It's not entirely rare that a plaintiff fails to properly serve you but tells court he did properly serve you ...in which case you may have a good point to have the matters squashed and a do over....but if you merely blew off proper notice and were a no show at court...well you have a judgement in place and very likely a valid garnishment .
 

Tdize36

Junior Member
Yes I will go the courts Mon and get those files and yes this is a writ of continuing garnishment. I never received a seperate from only have the one copy from work. What's odd about this is is that it has my old address on the paperwork from 2013 so they prob told the courts that's where they sent. But before they did any of this my name and address has been on file like I purchased a new car and I have been fixing my credit with a credit law firm and 1 more thing the credit law firm I used also got 1 of my other judgements against me dropped because it was proven that the insurance company failed to pay and here is crazy part the same company they got to drop it is the same one garnishing me for another insurance company mess up now you would think someone over there would of seen that and put 2 and 2 together bit I'm thinking they really want there money now and there trying to hurry hoping I won't fight this one to. I'm not sure so what kind of attorney do I speak to I've heard consumer, bankruptcy lawyers so this is where I'm confused I don't know who to call for this type of issue and it's getting frustrating trying to deal with it and knowing time is running out cause I don't know how long I'm gonna have before it's to late and stressing about bills sorry just venting it's just not fair if you talked to a few months I was doing great new car fixing credit and now someone is literally stealing from me with a judges approval. Thank you
 

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