I have been making payments on a monthly basis to a finance company until a few months ago when i became sick.I am a self emploeed trucker working for a small company and i was notified by the owner of the trucking company he recieved a court paper saying he is to garnishment my wages.I have not been summons to court so is it legal?
2007-08-19 13:26:28 · 5 answers · asked by jacessa70 1 in Business & Finance ➔ Credit
you have to receive notification and i think you have to go to court. I received notification a month ago that i had to appear in court for a garnishment hearing...
i don't think that's legal...call a lawyer and ask them..they'll give you free legal advice over the phone.
2007-08-19 13:36:30 · answer #1 · answered by Anonymous · 0⤊ 0⤋
OC is correct on this one.
First, it's very possible that the creditor managed to get a default judgment against you. Many people are not even aware they were being sued until the garnishment papers get delivered.
And as OC says, if you really owe this debt it's not likely you will get this overturned. But you do have one option.
Many states allow the judge to order installment payments. You need go file a motion with the court requesting this. If he agrees, then the garnishment payments are suspended, and you will be making payments that you can afford. But be warned...if you miss these for ANY REASON the judge will lift the order and the garnishments will proceed....and you will not get a second chance.
You will need to do some homework with your states court rules to find out if/how this is done. In Michigan, for example, it's very simple. You file a "motion for installment payments" form with the court, plus the $25 filing fee. The judge will review it, and if he agrees then the order is issued. A copy of the order goes to the creditor (who can dispute it, but it is rarely overturned), and the employer, so he can stop the garnishments.
Many states are similar, but you need to verify this.
Good luck.
2007-08-20 18:19:16 · answer #2 · answered by Anonymous · 1⤊ 0⤋
First if your employer received an official Order of Garnishment he has no choice but to garnish your wages. If he does not he could be held in contempt of court. So how fast you can get the research done will determine if there is a possibility of having it stopped by your next paycheck.
Ask the owner for a copy of the order of garnishment. On there should be the case number, and court house location. From there you will have to contact the clerk of the court at the Court house for the suit documents. You probably want all of them, but more specifically you need the "Proof of Service". This is to show that you were notified of the court date. There are may ways to get served, but if you were not properly served then you can have the suit reheard. At that time you can make your case and show any financial issues.
However, if it is a valid debt you may just be delaying the same result. So this is something you might want to at least consult a lawer on. Most will give you a free short consultation either by phone or in person, and could give you your options.
2007-08-19 22:35:55 · answer #3 · answered by OC1999 7 · 1⤊ 1⤋
If your company received a writ of garnishment, someone received a summons. I would have thought a constable would have delivered this by hand. Maybe some states mail them. You did not have to appear in court. The creditor would have been awarded a judgement whether you were there or not. Your company can legally wait 30 days to start garnishing your wages so ask them to and act quick. If everything is in order, there is nothing you can do.
2007-08-20 15:49:17 · answer #4 · answered by starfishltd 5 · 0⤊ 0⤋
Yes, you should have received a summons. However, sometimes the summons is goes to a bad address or was served to the sewer.
Check with the court and see if you can have the judgment set aside since you didn't receive the summons.
Is it actually your debt?
2007-08-19 20:36:18 · answer #5 · answered by bdancer222 7 · 0⤊ 0⤋