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Posted: Wed Jan 24, 2007 8:50 am Subject: Process serving never served papers

Does anyone know the laws when it comes to serving someone court papers? My wages are being garnished but I was never served the papers. They just came by regular mail and I never saw a court date. So before I ask the collection agency for all the relevant paperwork, (because I'm going to make sure that they followed FDCPA laws) I am just curious what the process is.

Posted: Wed Jan 24, 2007 10:43 am Subject:

Legal summons is served by the sheriff in your mailing address. You have to sign it after receiving the papers. Go to the court where the case is filed against you. Verify your info with the clerk because the collection agency must have filed a case and a hearing date is fixed. If there is no record, I doubt there is a case against you. I will only assume that the CA sent you fake legal papers and attempted to garnish your wages. First collect this info from the court and then move from there.

Posted: Wed Jan 24, 2007 11:30 am Subject:

Well they already have the judgment because my wages are being garnished. I have the paperwork with the judges signature. I don't have any paperwork that shows a court date and time. Nor do I remember ever seeing that. I got that paperwork in the mail and it wasn't even certified mail at that. My question is what is the legal process? I am wondering if somehow they bypassed it to where I never got the summons to appear. The paperwork is in the courts, or at least it should be. I can't imagine a collection agency would commit that flagrant of a violation and come up with dummy court papers containing a judges signature. Shouldn't the collection agency be able to provide me with all of that paperwork when I request it? I want to check to make sure they followed the law and if not, then I will countersue.

Posted: Wed Jan 24, 2007 4:33 pm Subject:

What state do you live in outlaw?

*state info only please*

Posted: Wed Jan 24, 2007 4:59 pm Subject:

Actually, it probably is perfectly legal...Your payroll dept would never honor a writ of garnishment that doesn't have a seal on it.

You don't always have to have the papers served to you. Having them sent by mail or just receiving a copy of the writ from your HR dept is perfectly legal..as long as the copy of the writ has a docket number on it. If a debt goes long enough unpaid, a creditor has the right to demand payment WITHOUT a civil lawsuit via wage garnishment.

If you have any questions about the legality of the garnishment, please feel free to pm me! I am HR, so that's one thing I can help with! Laughing

Posted: Wed Jan 24, 2007 7:02 pm Subject:

Outlaw- Fins is right about the serving. I had one guy just leave it on my porch, I guess, and the next day, I found it in the front yard in the mud!!.Karen

Posted: Wed Jan 24, 2007 7:08 pm Subject:

unless the laws have been changed in the last 275yrs a process is served upon you, by sheriff, constable, process server, ect.

In your case bossy, whomever lefft it on your porch took one hell of a gamble that you'd find it & pick it up. Once you touch it, you are served from what I remember.....

Posted: Thu Jan 25, 2007 6:52 am Subject:

Fins,

That is something that I didn't know. I always thought you had to have a court order to get your wages garnished. I thought that meant that you had to go to court and be served by the local sheriff or something. Hmm, that's interesting info. Does this usually happen when the debt is older?

Posted: Thu Jan 25, 2007 9:40 am Subject:

I knew they couldn't get the garnishment without a court order. What I didn't know, nor was I given the opportunity to show up in court as far as I can tell. I didn't see any of the court papers with a court date. Just the garnishment writ and the judges signature is all I have. I don't doubt the legitimacy of the garnishment, I wasn't sure of a court date if there ever was one and if I wasn't given a court date because I wasn't properly served, then I may contest that. If I even can fight that one.

Posted: Thu Jan 25, 2007 11:28 am Subject:

texasconsumer- We were going through an auto accident claim at the time. Some dip was suing my son because he hit his hub cap, and the dip was on the wrong side of the road! Anyway, I called my attorney, and told him how this was served, he wanted all the info, but didn't seem too concerned on how it was served..KAren

Posted: Thu Jan 25, 2007 11:45 am Subject:

Since I decided I may be talking out my you know what, I went to nolo.com and got this from them. I was incorrect bossy.

link:http://www.nolo.com/definition.cfm/Term/98020A6C-EA85-4263-A99168 38754DABBB/alpha/S/

Posted: Thu Jan 25, 2007 11:48 am Subject:

Thanks for that info!..KAren

Posted: Thu Jan 25, 2007 12:24 pm Subject:

Mishele,

A creditor DOES always have to get a court order to garnish, but they don't always have to file suit. If they can prove negligence on your part then they can simply file for a garnishment without the hassle and extra expense of a civil suit. I think it does mainly happen when the debt is older, or if a person is blatantly avoiding contact. So it still is court-ordered, the debtor just isn't being sued.

Posted: Thu Jan 25, 2007 3:29 pm Subject:

So how would something like that show up on your credit report? Thanks for the info, fins. They can't garnish unemployment checks can they? I'm dealing with some seedy collection agencies right now while I'm trying to settle with the original creditors. The orginal creditors are cashing my checks and applying the amounts toward my accounts with them. I guess that is a positive factor for me.

Posted: Thu Jan 25, 2007 5:22 pm Subject:

Mishele,
it would show up on your credit report because it's still court-ordered. It's just the same as a judgement. I know that this doesn't happen everyday, but trust me, I have had a lot of employees crying because they had no idea this was coming..And in checking into it, I found this is what it was.

As far as unemployment, yes, they CAN be garnished, but not for consumer debts.

Posted: Thu Jan 25, 2007 6:42 pm Subject:

Also, the collections companies will do it without going through the court & service process if your an *older* person........finsfan is correct!

*tip of my hat* to finsfan Wink

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