A debt collector send me a letter stating that a garnishment summons may be served upon your employer. Don't you need to go the court before they can do this??? I called them and asked them what this was all about they said that I have been sued already but don't I have the right to state my casr in court before they take out money from my check??
2007-08-30 12:23:53 · 8 answers · asked by kristina 1 in Business & Finance ➔ Credit
Ask for a copy of the original document from the court notifying you of your court date. Unfortunately, if you owe it, you gotta pay it sometime.
2007-08-30 12:28:53 · answer #1 · answered by dtwladyhawk 6 · 0⤊ 0⤋
If you were sued and they received judgment, they no longer have to summon you for a garnishment. You can go to court to defend against a garnishment and sue them, but you cannot stop it otherwise, if they have already won.
Most people lose these types of cases because the suing firm sends a complaint to the court and a copy to you. You usually have ten days to send the court a written answer and get a court date. If you did not respond, you simply lose the case.
2007-08-30 12:32:32 · answer #2 · answered by OPM 7 · 0⤊ 0⤋
If this debt is to a company, they need to go to court to get a garishment order. It is illegal for an employer to deduct anything other than taxes, etc., without a government order or your consent. (Child support and taxes work somewhat differently than debts to companies.) However, if they have already gone to court and you did not attend, then you had a chance to argue the case in court then and may not be entitled to a second opportunity now. If they have been to court and obtained a ruling in their favor, you would probably have to ask the judge to stay the order while you appeal. If they have not been to court and are saying that the garishment will happen before the case goes to court, then they are telling you a lie in order to get you to pay. Again, in the special cases of child support and tax debts, other rules apply.
2007-08-30 12:31:59 · answer #3 · answered by StephenWeinstein 7 · 0⤊ 0⤋
The collectors will threaten you and try to intimidate you. If you have signed an agreement to pay and haven't been paying, then they can get a court order, as to whether you get to appear in court or not, I couldn't say. Most likely, they will have to give you a summons and have you appear in court to get the ruling. So be on the look out for the Sheriff to serve the summons.
good luck.
2007-08-30 12:31:49 · answer #4 · answered by Fordman 7 · 0⤊ 0⤋
Actually no, when companies sue you or if you fail to pay child support your wages can be garnished. But, generally you should have received notification of suit via mail and depending on type of suit some are published in legal section of the newspaper with a date and time of hearing. If you miss the hearing you are automatically found in default.
2007-08-30 12:34:28 · answer #5 · answered by Charles R 3 · 0⤊ 0⤋
he may be trying to scare you. The IRS or (maybe) local tax authority is the only ones I've ever seen who could probably do it without a court hearing. Have you actually gotten a copy of the lawsuit? If not, they can't do anything. It would have to go to court - they could lose and you wouldn't have to pay
2007-08-30 12:28:54 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Nope, you don't. If you owe them and they have to come after you, they can garnish your wages without you being there.
2007-08-30 12:31:58 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If you aren't going to pay, they'll find a way to get their money.
2007-08-30 12:29:22 · answer #8 · answered by Lisa 6 · 0⤊ 0⤋