QUESTION
With garnishment of wages, what should I do from here?
Asked on Jun 09th, 2013 on Personal Injury - Nevada
More details to this question:
My wages have been garnished recently from a car accident that happened 2 years ago. After the accident the plaintiff sent documentation through mail explaining possible lawsuit in hopes to obtain 46,000$. I sent a reply asking for an itemized statement of this dollar amount, where the charges are coming from. I have not been taken to court nor was I served papers and was not present when the judgment was made. I received a writ of garnishment in the mail Friday.
3 ANSWERS
Ronald A. Steinberg
You did receive court papers, or at least someone claims to have served the papers on you, and then filed a notarized affidavit attesting to it. You need a competent lawyer to determine if the party suing you complied with all of the rules, and if not, if the time period has not elapsed, your lawyer may be able to petition the court to set aside the judgment and quash the garnishment. You cannot get a garnishment on an accident claim until after a judgment was rendered against you
Answered on Jun 12th, 2013 at 11:21 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have likely waited too late. But see a good lawyer to review the situation
Answered on Jun 11th, 2013 at 11:00 AM
Bankruptcy Attorney serving Henderson, NV
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Jeffrey A. Cogan Chartered, a PLLC
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You need to contact an attorney immediately to stop the garnishment. If you had insurance when the accident occurred, your insurance company will hire you a lawyer and handle this. If not, you need to hire a lawyer to get the judgment set aside and defend the lawsuit. Your only other choice is to either live with the garnishment or file for bankruptcy.
Answered on Jun 11th, 2013 at 9:30 AM