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 Posted: Tue Nov 28, 2006 12:22 pm Subject: Default Judgement Without Notification |
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had a credit card from a previous marriage. A debt collection company Asset Acceptance obtained a default judgement against us in Ohio. We have lived in Florida for the past five years. They are trying to garnish my wifes wages. All notifications were sent to an old address in Ohio even though our credit report had our correct address in Florida.
What options do we have since we were not properly served?
Please advise.
Thanks,
Chuck G.
Ormond Beach, FL
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cpgoldrick
Joined: 28 Nov 2006
Posts: 1
Debtcc Points: 45
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| Posted: Tue Nov 28, 2006 1:01 pm Subject: |
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Start by calling your local court..I know that when I file a garnishment at work, I must give a copy of the writ to the employee. Here, the judgement must also be mailed to the defendant...court employee does not have to hand it in person. So..In the state of Michigan, you would've been properly served, even though your address is changed. I'm not sure how this works in other states, please call your local court and ask them that.
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"It's a treat, being a long-distance runner...."
Allan Sillitoe, The Loneliness Of A Long-Distance Runner
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finsfan13
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Joined: 17 Feb 2006
Posts: 7021
Debtcc Points: 59871
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| Posted: Fri Dec 01, 2006 9:54 am Subject: dduvall |
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What is this number - 1-866-239-6098 - they called me 20 times in 2 days? Thanks - I think they represent Texaco
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dduvall
Joined: 17 Mar 2006
Posts: 72
Debtcc Points: 1308
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| Posted: Fri Dec 01, 2006 3:02 pm Subject: |
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If this credit card is from a previous marriage, then wouldn't the debt his only? How can they attempt to garnish his wife's wages for his debt?
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MochaLatte
Joined: 18 Sep 2006
Posts: 21
Debtcc Points: 88
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| Posted: Fri Dec 01, 2006 3:22 pm Subject: |
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A credit report isn't always a good source of address information. To be completely honest it is your duty to make your creditors aware of an address change, even if they are defaulted ones if you want your mail to arrive in a timely fashion if you don't have mail forwarded. And some mail like certified mail more often than not will stay at the post office for up to almost 45 days before it is returned undeliverable, if it gets returned at all. Non-returned mail is often considered confirmation of delivery.
I would contact your local court to see if they had something you could do then contact the court of your previous location.
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FYI
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Joined: 18 May 2006
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| Posted: Fri Dec 01, 2006 9:59 pm Subject: |
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Mocha, in some states it is legal to garnish a spouse's wages because a husband and wife are considered one entity..Especially if the debting spouse is not working. Not sure how this works in Florida, but since a garnishment is court-ordered, I'm sure it's legal there.
_________________
"It's a treat, being a long-distance runner...."
Allan Sillitoe, The Loneliness Of A Long-Distance Runner
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finsfan13
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Posts: 7021
Debtcc Points: 59871
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