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Prior proceedings dismissed?

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energy3940

Guest
What is the name of your state? Indiana

In september I received a verified motion for proceedings supplemental ordering a garnishment. The company started taking money out of my check per the order.

Well last week I received another verified motion for proceedings supplemental for the same account, same cause number, telling me to appear to testify concerning my property. under this was an ORDER TO DEFENDENT which states that plaintiff files verified motion proceedings supplemental. Motion granted. Any prior proceedings pending against defendent in this cause is ordered dismissed. What does this mean? If dismissed why is the money still coming out of my check? :confused:
 


JETX

Senior Member
Presumably (since we can't read the EXACT document), the latest notice you have received is for you to show up at what is sometimes called a debtors exam. You would show up at the designated time and place and the judgment creditor can ask you questions about your assets. If this presumption is correct, it has nothing to do with the wage garnishment, which is a completely separate action.
 
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energy3940

Guest
I had already had this meeting with them on this particular cause. Their answer was to file a garnishment order. I did not contest this.

This newest court document is for the same cause as the one with the garnishment order on it. So, I geuss my question is now, if this is a separate issue, why are they charging me twice for the same bill? And what has beed "dismissed"?:confused:
 

JETX

Senior Member
Again, since we can't READ what you have, I am having to assume about the document.

"This newest court document is for the same cause as the one with the garnishment order on it."
*** That will always. The 'cause number' is the number of the lawsuit as it was issued by the court on the filing. That number will remain on ANY document issued relative to that lawsuit.

"So, I geuss my question is now, if this is a separate issue, why are they charging me twice for the same bill?"
*** You certainly got me on that one. What are they charging you and why?? If I understand what you are trying to say, they have a garnishment order in place for your wages. I would now presume that they are asking you to attend a debtors exam (or deposition) to determine what other assets you may have. There shouldn't be an charge or cost for these notices (other than the wage deductions of course).

"And what has beed "dismissed"?
*** Again, we can't READ the document, but I would presume that the dismissal would have applied to an earlier debtor notice of some type.
 
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energy3940

Guest
Thanks for your input. I took both documents to the clerks office this morning and they said the new document is confusing. It is an asset hearing request. But the sentence about the prior documents being dismissed was not clear. To them it looked like they were dismissing all prior documents and orders pertaining to the case which would seem to include the garnishment order. But, since the money had already been collected and is now at the court, It makes no since to do that and request another assets hearing. The bill is already paid in full as of Monday.

So, their bottom line was to call them and ask them why are they calling for a second asset meeting and tell them the money is at the court house. I called them and you just get voicemail so hopefully they will call me back and say I dont have to go back to court.

Thanks for letting me rack your brain with this document.

:)
 

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