QUESTION
What are the steps I have to go through to get this wage garnishing stopped?
Asked on Aug 26th, 2012 on Bankruptcy - Mississippi
More details to this question:
My wages are being garnished by a debt collection agency on a six-year credit card debt. I never received a summons and my employer never contacted me before they started this. I found this out when I looked at my bank account. I got a copy of the judgment from my employer. It had the court where it was originated from, I requested copies of the court files and they said they have no records pertaining to my case.
5 ANSWERS
Dennis P. Mikko
There should be both a court, court address and case number on the garnishment. Once you have these, contact that court and review the court file. If there really is no court file, bring the matter to the attention of the court. If there really is no case, you may also wish to contact the police with the garnishment paperwork you have.
Answered on Sep 11th, 2012 at 1:20 PM
Garnishment is only allowed a Creditor if that Creditor has a valid judgment. Without a judgment to base a Garnishment Order on your wages should not be garnished. In order to tell you the particular steps to stop the Garnishment of your Wages, I will need to know whether the Judgment entered is in fact valid. As a general rule of thumb, one needs to attack the basis of the Garnishment Order which is the Judgment. Once you've ascertained your defenses to the judgment then you'll have an idea of how to move forward. If the Judgment is indeed valid then you have fewer options regarding the Garnishment Order in place.
Answered on Sep 11th, 2012 at 12:54 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There is a judgment somewhere, hire an attorney to find it. If there is no judgment the garnishment is improper.
Answered on Sep 09th, 2012 at 3:49 PM
Family Attorney serving Henderson, NV
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Harris, Yug & Ohlinger
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In Nevada, I would file a Motion to Stay and to Set Aside the Judgment. If what you are saying turns out to be the case - and sometimes courts are tired, or wrong just like other people, or you may have called the wrong department - there may be a cause of action against the Collection Agency under the FDCPA.
Answered on Sep 09th, 2012 at 1:59 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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File a Chapter 7 or Chapter 13 Bankruptcy is an option.
Answered on Sep 09th, 2012 at 8:36 AM