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Send message to ohmydebt
Sub: #1 Writ of Garnishment
Replied on 02-22-2008, 08:54 PM
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Hi,

Please read my novel and I hope someone can help me with this.

I have a few accounts in collections, and by a few I mean around 10. All of these account except for 2 are for traffic tickets. 1 of the 2 accounts is for a towing that I had done and they claimed I never paid. While cleaning out my glove box of the car I found the receipt that states I paid for the service. I took it to the collection agency and the lady basically said that I had wrote it myself and it was too late since they had already taken a judgment against me.

I previously had a wage assignment with the CA through my previous employer paying 60 per month, when I moved to a new employer I went to the CA to let them know they said I need to sign a new WA and that I would need to pay 100 per month. I told them I couldn't afford that and they said they wouldn't accept the 60 per month and wouldn't let me re-sign a WA.

Long story a little shorter.......

I now do payroll for this new company and have 2 separate case numbers for writ of garnishment from the same CA and was wondering how it goes. I know that I have to stack the 2 and do them in order. I have sent the first answers for both, with one stating that CASE# 1 is currently going and would end one Jan 11.

I started sending off the payment for CASE #2 in January but didn't put the case number on it so the CA said that it was applied to CASE #1. So that means that the payments for CASE # 2 started in Feb.

I currently only work part time and the amount that is supposed to be held is $23.97 after required deductions(taxes)and the minimum exempt amounts. I've been sending them 30 from each pay period (bi-monthly) because thats what I was used to having taken out of my checks before.

Here are my questions.

1) How do I complete the SECOND ANSWER form for CASE #1 where it says:

SECTION 1
Amount due and owing stated in first answer $________
Amount Accrued since first answer $____________
Total Amount Held $____________________

SECTION 2
At the time of service the writ of garnishment on the garnishee there was do owing from the garnishee to the above named defendant $______________

2) Is there anything I can do about the receipt for the towing that shows I paid?

Thank you for taking the time to read this, any help is appreciated!


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Send message to JCEMT
Sub: #2
Replied on 02-23-2008, 04:43 AM
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If you are only working part time, you should check your state's cap on garnishment. Federal cap I believe is 25%

As to the receipt, if it proves you paid it take it back to court and fight it, try to get the judgment vacated.


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Send message to ohmydebt
Sub: #3
Replied on 02-23-2008, 04:24 PM
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I only work part-time but make enough for it to be almost a full time salary. WA State is the 25%.

How do I go about taking the ticket back to court. I didn't go to the first court date and they got a default judgment against me. This towing receipt is also in CASE #2 so I haven't sent a payment in for that.


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Send message to JCEMT
Sub: #4
Replied on 02-23-2008, 04:33 PM
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Did they even serve you?


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Send message to ohmydebt
Sub: #5
Replied on 02-23-2008, 04:47 PM
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they said they served papers to my parents address and gave them the papers. I was out of town at a funeral so i never got the papers, and my parents said they didnt either


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Send message to JCEMT
Sub: #6
Replied on 02-23-2008, 04:49 PM
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I would suggest you speak to the judge who oversaw the case and request that the judgment be vacated due to improper service.





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Send message to goldenbast
Sub: #7
Replied on 02-23-2008, 04:49 PM
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You should goto the court and get the judgement vacated for improper service. Were you even living with your parents? I thought a summons had to go to your place of residence?


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Send message to JCEMT
Sub: #8
Replied on 02-23-2008, 04:50 PM
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Good point Goldenbast, I wasn't even thinking about that.


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Send message to ohmydebt
Sub: #9
Replied on 02-23-2008, 04:52 PM
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My parents address is my mailing address, since I'm usually never home at my house.

How to I start the process of getting the judgment vacated even though I have been served with paper work to start withholding?


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Send message to JCEMT
Sub: #10
Replied on 02-23-2008, 05:10 PM
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You should speak to the judge who issued the judgment.





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