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Posted: Mon Apr 30, 2007 3:01 pm Subject: Writ of Garnishment |
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I received a writ for garnishment today from Palisades Collection represented by Wolpoff & Abramson. I called W&A and they were rude and refused to tell me anything other than it is an AT&T bill and that I was served to go to court. I was never served with a summons and this is an account with AT&T that I closed because my phone was stolen. I did not realize it for a while because I was out of town with the military so the bill was ran up to around 3000.00. Now they are going to garnish my checks and told me that the court felt I was properly served and I have to talk to the court. The court did not answer the phone. Please help!!!
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dpd4333

Joined: 27 Feb 2007
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Posted: Mon Apr 30, 2007 3:14 pm Subject: |
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Do you remember when the last payment was done on this account? You need to know if the account is within the SOL and if any legal actions are possible in case it reaches the court.
Palisades Collection must validate the debt in writing. Did you find anything in your mail from them? If not, send the DV letter CMRRR. This is going to be an important legal move in fighting against the CA when the laws are being violated.
See the DV letter posted by Anthony in this link
http://www.debtconsolidationcare.com/settlement/about24105-1.html
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trophy

Joined: 08 Feb 2007
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Posted: Mon Apr 30, 2007 4:06 pm Subject: |
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Get a lawyer and file a motion to vacate judgment or possibly a motion for new trial. Also look into the Soldiers and Sailors Relief Act, they may have violated it in pursuing legal action when they did.
TL
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Guest

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Posted: Mon Apr 30, 2007 5:13 pm Subject: Writ of Garnishment |
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The last payment they said was made in 2003. I did not fall under soldier and sailors relief act at that time. I looked at the letter for "vacate judgement". How do I file this? The garnishment says I have 14 days to file objections with the court. Who do I talk to and what else can I do. The law firm or whatever they are will not help. They told me I read the writ wrong because I am not allowed to file an objection because the court already ruled in their favor. Is that true? What do I do? Are there forms I have to fill out for the court or can I just send this letter?
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Posted: Mon Apr 30, 2007 6:28 pm Subject: |
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Contact your court. You probably aren't going to be able to stop the garnishment at this point, but you may be able to reduce the amount if you can prove that you can't afford it. The court will give you the paperwork you will need to fill out. You'll need paystubs and possibly a w2. Good luck!
_________________ "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: Mon Apr 30, 2007 10:29 pm Subject: |
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| Quote: | Now they are going to garnish my checks and told me that the court felt I was properly served and I have to talk to the court.
They told me I read the writ wrong because I am not allowed to file an objection because the court already ruled in their favor. |
They'll feed you any crap they can, think about the source--all they're looking for is to get paid. Pull a copies of all court documents in this case. Review the proof of service.
I was under the impression that service members still had protection under the law concerning debt collection, the time the debt was actually incurred being irrelevant. Perhaps you can get some help from your JAG office?
_________________ The only people with whom you should try to get even are those who have helped you.
-John E. Southard
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Morningstar
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