I just found out that my paycheck is being garnished. The only thing is I am 18 and a student, I don't have any loans, credit cards or anything. I was never served with court papers to appear in court and I was never given a notice of garnishment. What can I do to get this cleared up?
2006-08-13 08:15:25 · 10 answers · asked by Anonymous in Business & Finance ➔ Credit
I never recieved anything telling me of a court case, judgements or anything. My employer never contacted me about the garnishment. I also have just looked at my credit report from all three agencies and there is nothing on there about a garnishment.
2006-08-13 12:05:31 · update #1
I talked to my HR person today, turns out they accidently garnished my check, they said they are issuing me a refund and they are sorry for any inconvinience
2006-08-14 20:02:12 · update #2
I really find it all hard to believe that this has gone on this far without you knowing anything about it.
If true, then several court rules have been broken, and you can take advantage of them. There are several points during the legal process that you MUST be notified about the lawsuit.
It would take a rather lengthy message to go through everything you need to do in detail. If you need more help email me.
But in brief:
1) You are served papers to tell you of a court case.
2) If you don't show up, you are sent (by the court) a copy of the default judgement.
3) You may be notified to appear in court for a "judgement debtor" hearing to disclose information about your income and property.
4) Your employer is then served a "writ of garnishment". Your employer MUST notify you within 7 days of this, and you would then have 28 days to appeal it in court. If no appeal is received, then money is garnished from your wages.
So in my opinion there has been at least 3 serious violations of the law, each of which could stop the garnishment or even overturn the judgement.
Your first stop is to see why your employer didn't notify you promptly about the writ. You could take legal action against him.
2006-08-13 09:37:21 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Go to the person that does the payroll and get a copy of the garnishment papers. The papers will show who, or who's attorney got the garnishment. Also it will say what court issued the garnishment. Call the Clerk and let them tell you what it is for. As far as stopping it, not until its paid. They must have had some evidence that you owed that money.
2006-08-13 09:28:27 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If the debit occurred as a minor it is also against the law to garnish the wages for this debit. Ask your employer who requested the wages to be garnished. If there is no court order. They can not hold back your wages.
2006-08-13 13:33:29 · answer #3 · answered by webworm90 4 · 0⤊ 0⤋
A garnishment is a courtroom order. you may ought to instruct that the debt wasn't yours (yet you misplaced that hazard once you probably did not look). in the experience that your income is from a risk-free source (social protection, government help, and so on), then you definately can petition the courtroom to overturn the garnishment. This income will not be able to be garnished with the aid of regulation. till your income is risk-free, you're rather out of luck. The lawyer is appearing on behalf of Midland investment LLC who offered your debt. the unique creditor is now not interior the image as they have given up their rights to the debt.
2016-10-02 00:55:19 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Do you know who is having your check garnished? You probably need to contact them to find out why they are garnishing your pay. Maybe it's a mistake. If it is a mistake I hope you can get your money back fairly quickly.
2006-08-13 08:23:43 · answer #5 · answered by Wyntersmile 3 · 0⤊ 0⤋
Your Payroll department had to have gotten something from someplace. Contact them for information on where the garnishment is coming from.
2006-08-13 13:07:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You need to go to your county court clerk and request to see the file.
See who it was that sued you, what it was for and (very important) see what the process server put in the file.
If the debt is not truly yours, or if it was and the service was done illegally, you should file to have the judgment vacated.
Do not put this off. There is a time limit (usually up to one year) to correct this.
edited to add: You can request a complete copy of that file.
2006-08-13 08:33:02 · answer #7 · answered by echo 7 · 0⤊ 0⤋
Do you have a copy of your credit report. Maybe identity fraud this link will take you to the site. Get a report form the 3 agencies free once a year.
https://www.annualcreditreport.com/cra/index.jsp
2006-08-13 11:54:28 · answer #8 · answered by Bigboi47 3 · 0⤊ 0⤋
If it is not yours....contact the agency that garnished your wages.
2006-08-13 08:22:21 · answer #9 · answered by G. M. 6 · 0⤊ 0⤋
you could talk to your employer first and he could tell you the company name and then you would have to contact them
make sure you get all the money back too
2006-08-13 19:54:08 · answer #10 · answered by Anonymous · 0⤊ 0⤋