Hiday & Ricke, P.A.

Hiday& Ricke garnished my wages thru my employer. Never asked me if I was head of household, I am (Fl law). Can they get away with that?

Hiday & Ricke P.A.

Sandy

Hi, welcome to the forums!

Being head of household has nothing to do with getting your wages garnished. Have you sent a letter to Hiday & Rickle to inquire about why your wages were getting garnished. Better yet, have you called the court systems?

Perhaps you had a debt in collections, getting ready to get presented for a law suit to a judge? If you ignored the letters, and didn't appear in court, then chances are the judge ruled in favor of the collection agency. If you can prove that you were not at the address, of which the letters were sent (usually numerous times), then maybe the judge might reevaluate the case.

Find your documents, as you'll need these for the judge to even consider going over it again.

Regards-
Mike

Always assuming that those of us in trouble get that way on purpose. I have an outstanding, unpaid debt with Chase Manhattan Bank. Offered to make payment arrangements, ridiculed for my offers, insulted and harrassed. They would never agree to anything I could afford after a financial decline in income. I have not heard anything from anyone in a year until this occured. I resent you implying I ignored the issue. I asked for a court date, got a garnishment. Offered to make payments, denied.
I sent Hiday & Ricke a certified letter of my exemptions, per Florida Statue 222.11,they denied it. And yes it does matter in Florida if you are head of household with dependents. Florida protects creditors from taking "food" out of our children's mouths. My question was "Can they do that without a subpeona, summons, court date or any other due process?" Thanks for the lecture.

Sandy,

So they were able to process a garnishment without actually appearing in court? Have you called the court systems to find out if they did have a court date, and may have neglected to notify you? I'm not saying they did, but I'm wouldn't put it past a few of the more dishonest collection agencies.

Ok, I read over the FL law, and the clerk of court should have sent you notice. First thing Monday I would call the court system to find out what happened. Make sure that the collection agency replied to your claim of exemption within the 3 or 8 day time period as allowed by law. If they didn't they lost out.

"3) Upon the filing by a defendant of a claim of exemption and request for hearing, a hearing will be held as soon as is practicable to determine the validity of the claimed exemptions. If the plaintiff does not file a sworn written statement that contests the defendant's claim of exemption within 3 business days after hand delivering the claim and request or, alternatively, 8 business days, if the claim and request were served by mail, no hearing is required and the clerk must automatically dissolve the writ and notify the parties of the dissolution by mail. "

Sorry, I should have added, so basically NO the collection agency could not process a garnishment under FL law without proper notification to you.

What kind of documents did your employer get in support of the wage garnishment?

Yes they garnished my wages without appearing in court. I received papers in March, signed by a judge on March 14 and signed by Hiday & Ricke on March 27 notifying me of the intent to garnish. With those papers came an affidavit for "exemption and request for a hearing". I filed out the affavit and request for hearing and sent back to the attorneys certified mail within 20 days. I subsequently received copies of papers sent to my employer signed April 5 to garnish. I then get paperwork from the attorney dated April 11 denying my exemption for they included a notice of February 7 that I did not respond to. I claim I never saw the notice on February 7. Interesting how I received all the paperwork but the important one on February 7. The document signed by the judge said I had a right to contest by an exemption affidavit on March 14,(within 20 days) not known to me until after March 27 when the attorneys signed more paperwork and then finally mailed to me. This appears to me that I was hood-winked on more avenues than one. I was not given proper notice, they let time frames go by (my due process rights)and lied about the notice on February 7. I discovered that Hiday and Ricke are a collection firm disguising themselves as Dodge Enterprises.

Sandy,

If it was too late to file the exemption, wouldn't the judge have said so? Or maybe I'm just looking at the issue too simplistically.

I'm not saying that the company is lying, but I smell something fishy here. Why would you bother going through the hassle of filing the exemption paperwork if it was too late,and the same is true for the exemption paperwork being included with the March paperwork- if it was too late, the paperwork wouldn't be included would it? And does the CA have PROOF of mailing you a notice in Feb?

The notice your employer received from the attorney states the exemption was not allowed. Did a judge sign this? Again, something to talk to a court clerk about tomorrow.

And also, can your employer stall the garnishment while this is all figured out? I don't know what the legal process allows. I think you are right to be angry, I know I would feel that way if I were you.

set4sail thank you for your time and advice. The garnishment paperwork was not signed by a judge it was signed by the attorney, at least, the copies I received. My employer took the money out of my check on Friday, do not know whether they should of or not. I do not know how to get to the judge for him to know of my exemptions for I am not versed in legal documents. All I know is that I cannot pay my bills and they took 25% of my salary.
It appears to me that laws only apply if you can afford to hire an attorney to file paperwork.
How would they prove they sent me the paperwork, stating they mailed it? How would I prove I never received it? There is not a check and balance system here. It is legal documents signed by those attorneys saying they did. The February 7 document certifies that the attorneys sent the document to me.
March 14 the judge signed the document stating I could object withing 20 days, the envelope with that information was sent to me on March 27, looks like 20 days elapsed!
I do believe that they are lying and it would seem they do not have the right to decide if I do not qualify for a State Statue.
I just do not know what else to do.

They SHOULD have sent the notices by certified mail, return receipt requested. At the least, I think they are required to get a proof of mailing certificate stamped at the post office when they mail the letter. But I know from dealing with a company here in VA, they don't even follow that requirement.

From my understanding of reading FL law, if the judge didn't sign the garnishment than it isn't legal. Again, call the clerk of court for your city and ask for the status on your filing.

have you kept all of the letters and the envelopes they came in, so you have proof of postmarking for the letters you received?

He's not licensed in FL, but you might send a personal message to VA-Legal-Defense to ask him to read over the law and give his professional opinion on it. Wouldn't hurt.

In the meantime, I would talk to your employer and let them know that the garnishment may not be valid so THEY need to check into the legal validity of it as well. I don't know what the ramifications are if the CA and your employer unlawfully withheld a garnishment from your pay. There may be a consumer group in your area that could provide more FL-related advice. I would also contact your state office of consumer relations/ consumer protection (whichever they are called in FL) AND the FTC because all collection agencies operating in the US must be registered with the FTC. File complaints.

Thank you for your advise again. I have filed a complaint with the Florida Attorney General and am looking for some sort of a consumer agency. Still hoping I can get the garnishment stopped and trying to figure out how to do that.

Your should also file a complaint with the Florida Bar Association against this firm ( I am assuming they are actually members of the bar). IF they aren't members of the bard, definitely file a complaint with the Bar Association, as they are required under Florida Law to be.

http://www.floridabar.org/tfb/flabar...3?OpenDocument

To everyone that reads this plight of mine. I know that good people fall on bad times. That agreeing to pay a debt initally was in good faith, however, sometimes things happen in life. We do not want to be ridiculed, harrassed, insulted and made to feel like we are criminals. Every since I received this documentation in late March I have experienced chest pains. My doctor wanted to call 911 and have me taken to emergency just last week. Well my first thought was, who is going to fight for me and more money spent that I do not have with hospitalization (deductables). Some people with too much debt already feel pressured, sad, scared and overwhelmed. Why do agencies feel that they have to make them feel worse, make matters worse? I can say that this has devasted me.
I can also tell a story of my neighbor of 20 years invited his son to come live with him after his son got into debt that he could not repay. We will never know the full story of what went on between the son and his creditors/collection agencies for the son committed suicide last year. He left his father a note saying he just could not fight it any longer. Then the father started intercepting the calls from the collection agencies, their rudeness, demands, relentless harrassment.
Anyone that reads this and works for a collection agency, shame on you! You obviously do not know the negative impact you have on people's lives or you would look for alternative employment.

I agree, Sandy, and I am very sorry for the stress this is causing you. Yes, I would say 90% of the time it's honest people falling on bad times, and sometimes those bad times just keep going. But please don't give up. Maybe you can find a therapist to help with the panic attacks? I know that has worked wonders for me. Even just being able to talk to someone, either on the board here, in person or over the phone, can do wonders to help lift that burden.

Sadly, there is a very small percentage of people that take on debt with the intention of never repaying. I've never met a single person that has done so, but there are people out there that are criminally minded like that.

And Clay, thanks for the awesome suggestion of filing a complaint with the Bar Association. I hadn't thought of that.

Only collection agencies that break the law should be asshamed of themselfs. Collectors are people just like you trying to feed their familes. If you had to put up with the constant abuse they do you might see things differently. As far as the garnishsment is concered, nothing is outside of the law in what took place from what you state. You were sent the notice of your rights after the writ of garnishment was served on your employer. The ball was from that time in your court to set a court date and prove you claim of Head of Household. As a judgment has been issued agaist you the burden of proof now falls on you. Im sure if you call this attorney's office and offer something reasonable for the balance they would be willing to work with you. But remember what you think is reasonable and what they think may be different however the debt is yours to solve.

I believe your story 100%...due process needs to be set for most collection firms that file suit without serving you etc...fight back