Questions about Judgments

It looks like I have Judgments against me in two separate cases with Capital One, in the state of Arizona, through the Justice Courts here. No Writ of Garnishment has been entered, to my knowledge, but I am going down to the courts tomorrow morning to obtain copies--I was never served, possibly because I moved last year and they didn't have my new address.

My question is, I understand that they can garnish up to 25% of your wages in AZ. If that is the case, since these cases were filed separately, can they garnish up to 25% in EACH case? That would be 50% of my paycheck, which seems absolutely insane. If that's the case, I don't see what choice I would have but to file bankruptcy. I couldn't live on that amount per month and try to pay off my other debts, as well.

the first thing you should be doing is considering filing motions to get the judgments vacated, since you were never served properly. For all you know, the people that sued you might not even have the legal right to collect on this debt!

Go to your court clerk's office in the county where the lawsuits were filed and request the complete docket for each case. Youre looking to see how they claim you were served the summons in each case. I would then file an order to show cause--this is a motion where you state that you move to have the judgments vacated because of improper service. They MUST serve you a summons--you are not afforded your right to due process if you are never told about the lawsuits in the first place.

Who sued you? Different collection agencies work in different ways. Nowadays, many of them file lawsuits without even having any proof at all, hoping that you wont show up so they can get a default judgment that they are not entitled to.

No, it's 25% total, unless your State has a stricter or more liberal law. What state are you in?

If you get more than 1 judgment, then the others will have to wait until 1 at a time is satisfied, unless they choose not to go for the most they can get.

File a Motion to Vacate Judgment due to Improper Procedure after you find out which court it was filed in. Ask your County Court for the instructions.

I realize you said AZ, but I am not clear if that is where you live or only where the case was filed... At any rate, it would be through a county municipal court anyway, so you need to find out exactly which one and file that Motion with them.

Here are AZ garnishment laws: "http://www.fair-debt-collection.com/state-garnishment-laws.html#4"

i live in florida and as of dec 2008 ive had 2 judgements put against me 1 takes money from my paycheck before it is deposited and the other takes it from my account after deposit so these collection people can do as they please and you cant stop it

Well busted, you could have your direct deposit stopped and cash your check elsewhere. Are you head of household? Head of household is exempt from garnishment in florida.

Not to mention, did you appear in the court to defend yourself? If they have a court order, that is hardly doing as they please.