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I need help filling out the Wage Modification and Exemption form. I need to cite a statute as a back up to the reason why I should be exempt from wage execution but my time is limited. Any help from anyone who knows the statutes will be greatly appreciated. Statutes are a pain in the butt to compile and list. I have the two forms I need. The Open Judgment form is done. I am planning on faxing these forms either tomorrow (Thursday) or on Friday. I also have to fax these to my PR dept. Please help. Thank you.

Posted: Wed Apr 18, 2007 10:53 am Subject:

Are there any legal reasons why you should be exempt?

Posted: Wed Apr 18, 2007 10:54 am Subject:

Also, what state are you in?

Posted: Wed Apr 18, 2007 10:55 am Subject:

goudah - apart from the small loan law in CT, i dont see any other legal reason for her to be exempt.

Posted: Wed Apr 18, 2007 11:04 am Subject:

I don't think the small loan law would apply to this situation anyways. That could've been a defense before the judgement was granted, but now that the judgement has been granted and the order to attach wages has been granted, the only exceptions I've found are if you are on public assistance, or you make less then the required amount, which I beleive is only something like $296 a week.

You may be better off trying to get them to modify the amount taken out of your check.

There also is a thing called "setting aside a judgement"
It states that if the judgement was rendered against you because of your failure to appear in court, you may, pursuant to section 52-212 of the general statutes, within four months of the date judgement was rendered and upon beleif that you have reasonable cause, move the court to set aside the judgement entered against you.

But you have to have a reason for that too.

Posted: Wed Apr 18, 2007 12:43 pm Subject:

Ksinasis - I agree that it's not fair that you were never given a chance to defend yourself in court. Unfortunatly, it does happen. At this point, the courts view it as a valid judgement against you. I beleive if you request a modification, a hearing date is set and nothing is taken out until the outcome of the hearing is known.

Have you moved recently? Is there any reason why you wouldn't have receieved a summons? I know in some states there are certain situations where the debtor does not have to be notified of a hearing. Usually that is only for taxes, child support, or other government matters, but in some state they do allow the debtor to not be notified of a hearing in cases where it's clear that the debtor has no intention of paying on the debt.

Another question - If you had been notified of the hearing and showed, what would your defense have been?

Posted: Wed Apr 18, 2007 12:47 pm Subject:

I sent Op a link to their state rules of civil procedure and approved court forms. Hopefully they can get a judge to reopen judgement and cause the garnishment writ to be stayed. Time will tell if court sides with them.

Posted: Wed Apr 18, 2007 1:15 pm Subject:

I would fight it . . . Do you have any contract or correspondance from the company showing that they knew your address?

I would make sure to fill out whatever paperwork I needed before any dealines. You need to get a hearing before a judge. If you can show your proof that you have been making regular payments, and that the company wanted more then you can reasonably afford, the judge should hopefully take that into account.

Posted: Wed Apr 18, 2007 1:20 pm Subject:

If nothing else, requesting a hearing will buy you a few weeks more time to figure out your best defense.

Posted: Wed Apr 18, 2007 4:52 pm Subject:

Generally, a hearing won't buy you any time. When we receive the writ in HR, we have 28 days to file it or get hit with an enormous fine. Even if the employee is fighting the garnishment, I still have to keep proceedings going. In the event of an error the employee will get those funds back retro. If the garnishment gets stopped or lessened (I have been doing this job 7 yrs and have never quit a garn after it has begun) the employee would NOT get any difference back, and it may not be reflected yet in the next pay period.

I would call HR and tell them what you are doing. They may give you the max 28 days..I would for an employee in your situation. If you need any help, please pm me, I can always help with this type of thing! Very Happy

Posted: Thu Apr 19, 2007 7:56 am Subject:

I forgotten you do this for a living!

So they aren't granted a stay on the garnishment when a hearing is granted? Is that a state by state thing? On my state's website it says "If you file the form within the 20-day period, no money can be taken out of your pay until a hearing is held and the judge makes a decision." But if you file the form (Exemption & Modification Claim) after the 20 days, the garnishment continues . . . I thinking now that is just for my state . . . .

Posted: Thu Apr 19, 2007 9:12 am Subject:

http://www.larcc.org/pamphlets/consumer/guide_wage_attachments.htm

Thats the link to the CT Wage Garnishment informational pamphlet.

Something doesn't seem right about KS situation...I can't place it.

From that pamphlet it says that they garnish if you miss a payment that the judge ordered you to make... so i'm not sure if KS was notified of anything...

She PM'ed me to say that she was contacting CT legal Aid. Thats not a bad idea at all.

s

Posted: Thu Apr 19, 2007 9:26 am Subject:

That pamphlet says the same info I'd found earlier about if you request a hearing within the 20 days nothing will be taken out of your check until the outcome of the hearing.

KS told me that she has moved recently, and that the coutr papers had her old address on it. It could be that they tried to serve her, couldn't find her (even though the company had her new address), got a default judgement, and the judge gave an order to garnish since no payments were made because she had no clue what was going on and didn't show to the hearing.

Posted: Thu Apr 19, 2007 10:39 am Subject:

I just spoke with Ms. Faulkner, Consumer Attorney. She seemed very interested because Wolpoff and Abramson listed themselves as Judgement Creditor which they cannot do because it violates the law. The Wage execution documents were also mailed with the wrong company name and to the wrong address (as my company's Headquarters and Payroll office is in Wilbraham, Mass.). She told me to sit on it for a while and she will look into it further. She said that this is the 2nd time this week that somthing like this has happened. Perhaps the law and time is on my side after all. And she didnt' charge me for the consultation or her looking into it for me. All I can say is that it sparked her interested quite a bit.

Posted: Thu Apr 19, 2007 10:40 am Subject:

Posted: Thu Apr 19, 2007 10:44 am Subject:

I agree with that. I told Ms. Faulkner that I had to physically mail the execution documents up to payroll in Mass and she asked me "why"? and I told her because I called her the day I got the forms and told her that I was in the process of fighting it. Payroll told me that she still needed to be sent the documents because she had to follow procedure to which Ms. Faulkner replied: "I wouldn't do that just yet...let me look into it further for you". However...I dont' want to get into even deeper trouble with the law so I may wait until tomorrow before mailing the documents. She also told me to file the wage modification form if I felt it necesarry, but not the Motion to Open Judgment because I don't want to be accused to filing a false Motion. We'll see how this turns out.

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