• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

wage garnishment

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? nj
I recently received notice from a payroll company that my wages are being garnished, from a judgment given 10 years ago, that now is being enforced.

At first I couldn't remember the creditor, but upon inquiring with the attorney I finally recalled them. Apparantly another company bought the debt and had a different name. I am sure I had paid them, but at any rate, is this legal.....

to issue a judgment without proper notification? the woman said they mailed it to a former workplace, however, they mailed me the garnishment notice, so they must have had the proper address. i never even got anything from them back then. The court said I could A. file a motion to vacate the order based on the fact that I wasn't notified or B. file a motion to reduce the garnish, which is 10% of my gross...ouch.

Confused as to what my rights are here?
 


I have a right to dispute the judgment or make an attempt to settle or make payments, ask questions, etc. The creditor and the court should send a certified copy stating the intent of the judgment and the date, place and time, so that I can be there.
 

Antigone*

Senior Member
I have a right to dispute the judgment or make an attempt to settle or make payments, ask questions, etc. The creditor and the court should send a certified copy stating the intent of the judgment and the date, place and time, so that I can be there.
You said the judgement is from 10 years ago. I hate to tell you but the dispute-the-judgement ship sailed years ago. Now you get to satisfy your judgement.
 
I understand what you are saying, but my question is....how was getting the judgment even legal, when I wasn't notified? I know I have the right to be there and as well with the hearing on the enforcing of the judgment. That was my question, was what they did even legal. Another question is, can they attach wages that are sick pay as well or just regular wages?
 
Another added thought, they are suing me for much more than the original debt. I don't recall what the limit was on the card, but sure it was around $250, the judgment is for $1,800?? This debt was bought by another company, so I'm not being sued by the original creditor.
 

Antigone*

Senior Member
Another added thought, they are suing me for much more than the original debt. I don't recall what the limit was on the card, but sure it was around $250, the judgment is for $1,800?? This debt was bought by another company, so I'm not being sued by the original creditor.
The original amount you owed was $250 over 10 years ago. You denied the judgement creditor of their asset. As you know cash is king and since you denied them the opportunity to loan that money out again, you kept them from earning money on that money.

The $1800 represents your debt, interest on the debt and possibly attorney's fees.
 
@swalsh...that's the whole problem, I was never notified, I had no idea that there was even a judgment against me, until I received the notice that they were garnishing my wages. They had my address...there was NO reason to NOT notifiy me....I don't see how you can get a judgment against someone without giving proper notification..am I wrong? Is that legal?
 

swalsh411

Senior Member
Have you contacted the courthouse to see what their records show as far as you being served? It may take them some time to dig it up but they should be able to produce it.

You are not the disputing the debt it sounds like so you are only delaying the inevitable. If they do have a judgement they will collect one way or another as long as you have a job and the interest will just keep going up.
 
In reference to the notification, the courthouse said the records were not available, but she could get them. One party I spoke with said it looked like they sent notice to an employer, that I no longer worked for...not sure about that one. I am disputing several things, The amount of the debt, that I was sure I paid, plus no notification of any of these proceedings.
 

Sponsored Ad

Top