firemedic39560
Junior Member
What is the name of your state? State of Residency is Illinois.
I work and reside in the State of Illinois. My employer is based out of the State of Missouri. My employer received a Writ of Garnishment notice last week from the State of Mississippi on a garnishment judgement issued in 2004 against me. I disagreed with the original judgement as I was not given proper and timely notice to appear in court. I was serve process to appear a mere two days before the proceeding. Therefore, a default judgement was entered against me when I was not able to make it to court. Furthermore, I do not believe myself to be indebt to the said creditor.
Missouri Statutes state:
“Missouri Revised Statutes Chapter 525 Garnishments Section 525.300
Wages earned out of state exempt--exception.
525.300. Wages earned out of this state, and payable out of this state, shall be exempt from garnishment in aid of attachment in all cases where the cause of action arose or accrued out of this state, unless the defendant in the attachment suit is personally served with process; and if the writ of attachment is not personally served on the defendant, the court issuing the writ of attachment shall not entertain jurisdiction of the cause, but shall dismiss the suit at the cost of plaintiff. In all actions commenced in this state in which it is sought to garnish wages in aid of attachment, the petition or statement filed in such cause and the writ of attachment shall affirmatively show the place where the defendant resides and the place where the debt is contracted and the cause of action arose.”
I have notified my employer I disagree with the garnishment action and have ask them to suspend all further action and return any wages that were withheld based on the above statute. They refused to acknowledge the above statute and stated that this was a Mississippi Judgement and not a Missouri Judgement. I then forwarded them the Missouri Statute that states all Foreign Monetary Judgements must be "domesticated" to be enforced in the State of Missouri. Again they refused to acknowledge that statute.
Furthermore, I forwarded them the Illinois Statute on Statute of Limitation for foreign judgements. Which is three years and has long since pasted. Again, they disregarded my submission.
What are my options to stop this garnishment action?What is the name of your state?
I work and reside in the State of Illinois. My employer is based out of the State of Missouri. My employer received a Writ of Garnishment notice last week from the State of Mississippi on a garnishment judgement issued in 2004 against me. I disagreed with the original judgement as I was not given proper and timely notice to appear in court. I was serve process to appear a mere two days before the proceeding. Therefore, a default judgement was entered against me when I was not able to make it to court. Furthermore, I do not believe myself to be indebt to the said creditor.
Missouri Statutes state:
“Missouri Revised Statutes Chapter 525 Garnishments Section 525.300
Wages earned out of state exempt--exception.
525.300. Wages earned out of this state, and payable out of this state, shall be exempt from garnishment in aid of attachment in all cases where the cause of action arose or accrued out of this state, unless the defendant in the attachment suit is personally served with process; and if the writ of attachment is not personally served on the defendant, the court issuing the writ of attachment shall not entertain jurisdiction of the cause, but shall dismiss the suit at the cost of plaintiff. In all actions commenced in this state in which it is sought to garnish wages in aid of attachment, the petition or statement filed in such cause and the writ of attachment shall affirmatively show the place where the defendant resides and the place where the debt is contracted and the cause of action arose.”
I have notified my employer I disagree with the garnishment action and have ask them to suspend all further action and return any wages that were withheld based on the above statute. They refused to acknowledge the above statute and stated that this was a Mississippi Judgement and not a Missouri Judgement. I then forwarded them the Missouri Statute that states all Foreign Monetary Judgements must be "domesticated" to be enforced in the State of Missouri. Again they refused to acknowledge that statute.
Furthermore, I forwarded them the Illinois Statute on Statute of Limitation for foreign judgements. Which is three years and has long since pasted. Again, they disregarded my submission.
What are my options to stop this garnishment action?What is the name of your state?
