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Old 03-21-2013, 07:55 PM   #1 (permalink)
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Join Date: Oct 2008
Posts: 1
Angry Garnishment?

My husband and I got a vehicle back in 2004. We separated in 2006 and I could not afford the payments so I called the dealership and made arrangements to return the vehicle. I called the dealer several times to make sure everything was ok and they told me that the vehicle would be put back on the lot. I received a letter stating that they repossessed the vehicle and it would be sold at public auction. I called them and they told me it was a form letter and not to worry because they had put the car back on the lot. They called me at work a month later and asked me if I wanted the car back. They would extend the loan time and lower my payments. I told them that I could not afford it.
Back in December 2012 my employer gets a garnishment for me for almost $9000.00. My employer told me she told the person who served it that I was at work and the server got very nervous and told her that I would be served separately. The court date on the garnishment was Feb 14, 2013. I never received any notification for this court date so I called the company. After questioning them they hung up on me. I called them 8 times only to have them hang up when they found out who was calling.
The paper work from the company that came with the garnishment stated pretty much any money I make over minimum wage was to be sent to them.
The garnishment said that my employer was NOT to with hold any money after the court date that they would receive another garnishment if warranted.
My employer states that the company told them that they have to send the amount every payday or they would be held in contempt of court. My employer is not withholding the money but has told me that they wrote a personal check to them and that when I cash my check I have to repay them.
My employer has told me that they would start taking it out of my paycheck as a garnishment even though the court papers said not to withhold it after the court date. They did not receive a new order because I have appealed the case.
What can I do???????
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Old 04-01-2013, 10:56 PM   #2 (permalink)
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Join Date: Oct 2012
Posts: 326
You can find out if there is an actual judgement in place or not by going to the courthouse. For a lawsuit to succeed a proof of service must be served upon the defendant and if that did not occur then the lawsuit did not commence. It is not uncommon for people to forge a proof of service and they may have occured, but notice is required for a lawsuit to have gone through.

It is also not uncommon for collection agencies to simply make up garnishments and not actually have judgements and if that is the case then the garnishment is invalid.

I would ask your employer what state, county, and case number the judgment is for then see if that County Judiciary has a website where you can do a case search. Look to see if a judgement was entered and when the proof of service was issued it should be there.

Here are some articles on the due process requirement for notice and wage garnishment that might be of additional assistance.

http://www.courts.ca.gov/documents/app109info.pdf

and http://www.legalmatch.com/law-librar...t-lawyers.html

and http://www.legalmatch.com/law-librar...nishments.html

http://www.legalmatch.com/law-librar...rnishment.html

Hopefully some of that information is helpful.
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