The forms say they have file and have been granted judgement to garnish my pay checks. I met all of my deadlines to file my response to deny this credit card charges with the court and even asked for a dismissal. I have been waiting for my day in court. Should I make contact with the attorneys to tell them these are not my charges? Any help can be greatly appreciated.
2006-09-11 08:19:11 · 13 answers · asked by toung tied 1 in Business & Finance ➔ Credit
Your first task is to verify if what this guy is telling you is true. Your question implies that you know there was a court case filed. You need to go to the court and examine your case files. Was there a default judgement issued? If so you somehow missed the date of your hearing and the judge granted a default.
If this is the case, it doesn't matter if those were your charges or not. The judge will simply say you had your chance to dispute it and you didn't show up.
You will then have to file a motion to dismiss the garnishment (if one was granted) and request the judgement be overturned because you were never informed of the court date. Again, examining the case files will give clues to this.
If you are not sure about how to go about this, you may need to consult an attorney.
Now.....on the other hand, if there was no judgement granted...WHOA MAN!
This lawyer is now in violation of the Fair Credit Reporting Act for threatening to do something that he has no legal right to do (garnish your wages). Was it actually a lawyer or a collection agent posing as one?
Contact me if you need more help or info. I am not an attorney or credit counsoler, just someone who has been this route before and try to help others.
My advice is free. Take it for what it's worth.
2006-09-11 10:31:38 · answer #1 · answered by Anonymous · 3⤊ 0⤋
And keep track of all paperwork and communications between yourself and the hostile lawyers, and anything else relevant to the situation. If this is a mistake, and the charges being held against you aren't really yours, then someone should have to pay you compensation for all the time and effort you had to spend to defend yourself against the false charges.
It's important that both the person who made fraudulent charges in your name AND the people who are rushing to impose sanctions against you on that account be made to regret their villainy or their callous haste. When someone tries to pick your pocket, whether with a stolen credit card or with the legal system, don't just secure the wallet... cut off the thief's hand! Or at least put your dagger through his palm.
2006-09-11 08:28:27 · answer #2 · answered by David S 5 · 0⤊ 0⤋
I agree with fred, contact your county court clerk and ask if they got a judgment against you. In fact, it might be in your best interest to go to the county court clerk and ask for a complete copy of your case file.
Since you obviously have been responding to the summons etc, they cannot get a default judgment against you without giving you a chance for your day in court.
If you find that they snuck a judgment in past you - contact a lawyer immediately. IF they have NOT been awarded the judgment (as they claim) they are in violation for which you can counterclaim on them for. (you might also get all 3 credit reports and see if they have violations listed - they probably do - if so, file counters on the violations)
+++++edit
Studly beat me to the punch lol, but he also gave the best answer
2006-09-11 10:39:01 · answer #3 · answered by echo 7 · 0⤊ 0⤋
Do not contact the person you received the paperwork from, do not try to reach an agreement with them.
Contact a CPA and get them to recommend an attorney. Don't just go to the yellow pages. You need a specific type of attorney to help you not the guy who chases ambulances.
2006-09-11 10:40:42 · answer #4 · answered by BOB W 3 · 0⤊ 0⤋
Here is what I would do. If the charges are not yours and you are working on proving that, WRITE, don't phone. List clearly and concisely what has happened, when , and by whom, and what is going to happen and when. For example when is the court date or when are you going to schedule it? Then , if a lot of money, notarize it too, make copies, send it by mail with the certified confirmation thing. Invite them to contact you to straighten it out. CC a few different folks at the company.
2006-09-11 08:24:38 · answer #5 · answered by kurticus1024 7 · 0⤊ 0⤋
I agree you need an attorney, or someone to check the court house records to find out if there any judgments against you. There may be one and you not know it. Do it NOW!
Do not contact the attorney that sent you the letter.
Do not, be intimated----------- do not respond blindly.
2006-09-11 08:31:32 · answer #6 · answered by fred f 2 · 1⤊ 0⤋
first of all, did your ex wife incur the charges?? if so, yes you are responsible for the debt, if your credit card was stolen..did you report the fraud?? need all of that paperwork too. if the garnishment is going thru court now..then good luck to you because your paycheck will be taken now until the debt is satisfied.. i should know..i am a collector on credit cards. good luck to you!
2006-09-12 06:05:21 · answer #7 · answered by princesswhitepaw 3 · 0⤊ 0⤋
Contact your own attorney and let him handle it. Or, wait until you get to court.
2006-09-11 08:21:57 · answer #8 · answered by wellbeing 5 · 0⤊ 0⤋
Agree: lots of the circumstances certainly one of those folk are demanding each and every so often. in the event that they are able to bare then you why cant you? you will desire to make certain which you by no ability loose them as this human beings deliver fortune to your existence.
2016-12-12 06:39:53 · answer #9 · answered by ? 4 · 0⤊ 0⤋
Yes, you need a lawyer. The garnishing is serious business, my friend.
2006-09-11 08:21:04 · answer #10 · answered by Anonymous · 0⤊ 0⤋