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#1
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Hi I currently live in Michigan.Â* I recently was served a wage garnishment papers.Â* My issues are this company Assest Acceptance claims I bought a computer in 2000.Â* And this is what they are garnishing me on in 2009.Â* They had a court case, But I was never served.Â* It showed on the paper that they taped it to my door.Â* I never received it.Â* However are they still able to garnish me nine years from the date of puchase?Â* Is there a form out there that I can fill out to have my 25% lowered?Â* Thanks for any help!Â*Â*
personal information removed - Jason |
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#2
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Kelli, Were these papers something that resulted from a court order? or were they papers from a wage assignment? There is a big difference. If they do not have a judgement against you then they can not legally garnish your wages and you should tell your employer that there is not a judgement against you. If it is a wage assignment then you can revoke the wage assignment just by filling out a couple of forms and turning one into your employer and teh other to the place trying to get your money.
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"When the government fears the People, that is Liberty. When the People fear the Government, that is tyranny;" ~Thomas Jefferson "Anyone who has never made a mistake has never tried anything new."~Albert Einstein |
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#7
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SOL depends on state. But on the MI court sites there are forms you can fill out to vacate judgement. But seeing this is 9years old.. I'd contact an attorney (one that does free consultation) and see what your options are. Did you move from the place where they served you?
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#9
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contact the court clerk's office, they cannot offer legal advice but they can instruct you about proper format. My guess is that you will need to file whats called an "order to show cause". This is where you inform the court as to why you believe the judgment should be vacated, and the court will consider your request.
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#10
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Yes, and they should even have the procedures online with any necessary forms, too. This is a good synopsis of the Litigation process, it may give you clues as to what exactly they require. "http://www.gianelli-law.com/article9-NTL-whathappens.html"
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