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Wage garnishment from Small Claims

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CMSC

Senior Member
What is the name of your state (only U.S. law)? Nebraska

My friend's ex took him to court over some christmas ornaments she claims to have left 8 months ago when she moved out. She took him to small claims court after he couldn't find them and a judgement was entered in her favor for $600 for the other ornaments.

He tried to appeal the decision because he knows she took them when she moved, however, the clerks office said he needed an attorney to file an appeal. Three days ago his employer got a notice from the sheriff requiring them to garnish his wages. He can't afford it! His wages are already garnished for child support and he can't afford to pay bills on what she will be leaving him with when the next garnishment goes thru.

My question is, I have personally had a wage garnishment before and was given a court date to contest it. He went to the clerks office and she told him he could not contest it without a lawyer. When he asked why he was never served she said only his employer needed to be served.

He needs help asap. The attorney's here want a $500 retainer to go to court and she just keeps taking him for everything he is worth. Is there anything he can do? He was never properly served or given a chance to defend himself against the garnishment. He is willing to do small payments just to get her off his back but not the insane amount she wants to take weekly!

Thanks!
 



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