What to do about as wage garnishment thatI know nothing about?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about as wage garnishment thatI know nothing about?
I currently got a letter from my payroll department stating that my wages were going to start being garnished. The letter had the collection agency/case number so I contacted them. They said that I had been served papers (which I don’t remember) and a judge in a county I don’t even live in ordered it. I’ve checked my credit report every month for the past year and nothing about this was on the report. Here’s the kicker – the judgment was ordered 3 years ago and I just received the letter from my payroll now. Now they are saying I have 3 years of interest added on.
Asked on June 13, 2011 under Bankruptcy Law, Nebraska
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Ok so what you need to do is called vacating the judgement. The fact that it is as old as it is not a plus for you but nevertheless you can try and do it. You need to go to the court in the county in which the judgement was ordered and ask the court to allow you to make a motion to vacate the judgement for lack of personal jurisdiction - you were not properly served with the summons and complaint and therefore not able to answer the matter. Some states require a "meritorious defense" in the matter meaning that if you had been permitted to answer you would have been able to defend your case. ASk for a stay of the garnishment. Once this is achieved I would then call the creditor and see about negotiating the debt. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.