What can i do about an invalid garnishment procedure

Garnishments cannot happen without court orders. You will have to show your presence in the court and present your case before the judge puts any garnishment orders. Check with your local county if there is any record in your name. Refer to your state laws for garnishment rules. You will come to know if the creditor is issuing fake papers. Chances are that summons was sent to your mailing address and you were not there to collect it. If this happened, the court might have put a default judgment against you. The local county will give you accurate information on this.

You don't have to get anything in the mail at all to notify you of a garnishment. Federally, a notice from your payroll dept at least 4 days prior to receiving your check is all that is required for notification.

finsfan13, I put a lot into whay you say about wage garnishment, because from what I have read that is part of your job? Right? My questions is does there have to be a court order in order to get a wage garnishment?

What I know is court orders are a must before garnishment. There can be minute changes with the laws of each state. Get more details from your attorney general's office about the specific laws in your state.

The payroll dept must see the writ of garnishment before deducting money from the employee's pay.

Onelamb is right..There must be a court order. The writ, or copy of the judgement, will come to the payroll dept. It's then their responsibility to provide you with a copy of that writ BEFORE they file it. Sometimes you will get a copy of the judgement from the court by mail..But don't count on it. It really depends on amount and type of debt..It's not necessary.

Guest, I can answer any garnishment questions you might have..Yep, it's my job. And if there is something I don't know right off, I can very quickly get the answer for you.

I received a request and writ for garnishment of wages last week for 21,430. I called CACH, LLC attorneys and they say it's for a credit card that I cosigned for in 1997 with Bank of America. Problem is I never cosigned a card for anyone in my life and the person they say I cosigned for I've never met. This also has never been on my credit report. I never receive a summons. They may have mailed my old address, but I moved from there two years ago to another state. I suspect the writ may be fake, but my job emailed this to me. I know I need an attorney, but I'm already working check to check. I don't know what to do. I don't want to filed bankruptcy for someone a debt that's not mine. I have my own credit issues to deal with. Help!!!!!!!!

I filed bankrupcy over a month ago and cach inc is still garnishing my wages. When I filed I sent a fax and a Certified mail but they are still garnishing. Can they do this I thought once you file you get an automatic stay. Are they breaking the law can I sue

Quote:

dizr - By law a creditor cannot continue to garnish a debtor's wages once the debtor files for bankruptcy. Automatic stay kicks in and freezes any actions against you. Make sure you have everything documented that shows that you filed for bankruptcy and keep track of the wages that have been garnished as of this date. Take HOF suggestion and contact the attorney who helped you file for bankruptcy.

Stressed J
Go to the court house where the judgment was supposedly made and see if there is any evidence of a judgment against you. If you cannot find anything let your payroll department know that this is an invalid garnishment.

Good luck.