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 Posted: Tue Aug 22, 2006 9:14 am Subject: Kind of a garnishment question...please help? |
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Hello everyone.
I had recently received garnishment papers at my office. I submitted an Order for Installment Payments, and it was granted from the company's attorney that was handling the case. I was schedule to make my payments on the 5th and 20th of each month in incriments of $100. I have been adhereing to this and have even sent all of the money orders certified/registered mail so I could track them. Today we received paperwork saying that a motion was filed to cancel the payments. I called the court house to find out why and was told it was due to the fact that I hadn't made the payments in the timely manner they were suppose to be done? I tried calling the attorney and left him voicemails, even an email. He can't do that if I have made all the payments when I was suppose to, can he? They said that I could file an Objection to Garnishment and a hearing will be set up. I am just so sick with all of this. Any advice would be very appreciated. Thank you all!! 
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Angel
Joined: 24 Jan 2006
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| Posted: Tue Aug 22, 2006 9:55 am Subject: |
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| Quote: | | He can't do that if I have made all the payments when I was suppose to, can he? |
Well he shouldn't but he did. File the Objection to Garnishment and go to the hearing with all of your proof. I would tell the judge that if they no longer wanted my payments all they had to do is say so. I didn't really want to pay them anyway. 
Hope this helps! 
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My Independence Day from Pay Day Loans Was July 3rd 2006!!
~Dana
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dcashwell3
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| Posted: Tue Aug 22, 2006 10:45 am Subject: |
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I am going to go and definitely file the paperwork. It just seems so awful that he would do such a thing, but hey, it doesn't surprise me either. He even said that he wasn't going to show up for the hearing either. Owell, I guess it will just be me and the judge!!
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Each and every one of you have been great. Thank you for all of the advice and help, it's good to know you aren't the only one going through situations like this. PS. All points donated are very appreciated. Thank you again!!
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Angel
Joined: 24 Jan 2006
Posts: 188
Debtcc Points: 11866
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| Posted: Tue Aug 22, 2006 12:59 pm Subject: |
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I'm so sorry Angel!!!
Attorneys on the filing end of garnishments are finicky people. He was within the law..He can drop the payment plan like a hot potato any time he wants to, and for whatever reason. I'm surprised he agreed to it in the first place, though....
I can tell you stories all day long about attorneys who play games with the poor employees who are being garnished. It's equally frustrating to be in my spot..The person who files these writs!!
File the paperwork QUICK. trust me on 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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| Posted: Tue Aug 22, 2006 1:05 pm Subject: |
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Angel - I recently had a wage garnishment issue also so I filed a request for garnishment hearing which I was granted. The attorneys for the garnishment filed a quash motion and request to be heard by telephone. Well, the judge did not grant the quash and when I went to the hearing the judge granted my request on the garnishment making it easier on me. Go file the paperwork go to the hearing and I bet the attorney won't show up and the judge will rule in your favor. Good luck and keep us updated on what's happening.
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Ability is what you're capable of doing. Motivation determines what you do. Attitude determines how well you do it. - Lou Holtz
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CycloneFan
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| Posted: Tue Aug 22, 2006 6:18 pm Subject: |
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Sue, I am keeping my fingers crossed on the method suggested by you for Crystal. I hope it works in her case.
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Christina
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| Posted: Tue Aug 22, 2006 6:24 pm Subject: garnishment |
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Angel, I think that it would be in your best interest at this time to go before a judge. With your proof that you have paid he or she is not going to rule against you. Hopefully it will be the attorney that gets the short end of this deal. Good Luck to you. Keep us posted. KYSIDE38
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KYSIDE38
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| Posted: Wed Aug 23, 2006 11:30 am Subject: |
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Angel, it will also benefit you if you bring a w2 and paystubs with you...This covers all bases, I have seen cases where the magistrate wants proof that it would be a hardship to pay the 25%.
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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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| Posted: Wed Aug 23, 2006 12:50 pm Subject: |
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Good advice fins. When I went to my hearing I took a whole bunch of stuff with me but the judge never asked for anything, he just took my word for it.
Angel, good luck and keep us all posted.
Sue
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Ability is what you're capable of doing. Motivation determines what you do. Attitude determines how well you do it. - Lou Holtz
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CycloneFan
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