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Wage Garnishment - How to go to court in another state?

Date: Fri, 09/21/2007 - 11:02

Submitted by anonymous
on Fri, 09/21/2007 - 11:02

Posts: 202330 Credits: [Donate]

Total Replies: 20


Hi, I recently received a letter from a payday lender about taking me to court in Minnehaha County which is in S. Dakota so that they may garnish my wages. How am I supposed to defend myself on something like this? I live in NH and there is no way I'll be able to get to S.Dakota. I'm already broke from my payday loans. How can I fight this? Is there anything I can do? I have already revoked my voluntary wage garnishment.

Any help would be great.


Yeah, I thought it would be the same everywhere too, until I got served and the cop gave it to my sister. He told her that they can leave the summons with anyone as long as they live at the same address. She did not have to sign for anything. I also got served another time by a process server, and I did not have to sign for anything then either . . . .


lrhall41

Submitted by goudah2424 on Fri, 09/21/2007 - 14:42

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It's like that here in IL too -- the sheriff/process server just has to deliver it to a member of the household who is at least 13 years old. No signature required, just whoever served it has to sign a sworn affidavit that they indeed served it.


We also have this thing here called "service by publication." If a person is evading a summons (ie they know a server is at the door so they don't answer it), then notice of the court case/date can be published in any major newspaper that serves the county, in the public notices section. As long as that notice runs once a week for 3 weeks, consider yourself served.


lrhall41

Submitted by DebtCruncher on Fri, 09/21/2007 - 16:35

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Oh, debtcruncher! I always see that stuff in the newspaper and always wondered "why are they posting this in the newspaper?" I now see....... Damn.


lrhall41

Submitted by cannr on Fri, 09/21/2007 - 18:09

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Okay, okay! It's not like I read exactly what's going on! Geesh! I've just noticed they publish that stuff and thought it was odd! Now I know why they publish it. See? Debtcruncher knew! Now we all know! :D You have to learn something new each day!


lrhall41

Submitted by cannr on Fri, 09/21/2007 - 20:09

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I had a judgement go through on my account 9 years ago. I had moved from Virginia to Texas and never received the summons. After I found out it was too late, the judgement had already been placed. In fact there was no way I would have been able to make the court date even if I wanted. The day it went to court in Virginia, I was in the hospital in Texas delivering my son.


lrhall41

Submitted by pybasj on Sat, 09/22/2007 - 05:55

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Have u ever satisfied this judgement? How has it affected ur credit? I'm just curious cuz i have a judgement taht will be satisfied by the end of next week but so far i haven't noticed it affecting my credit all that much... Now keep in mind i haven't tried to buy a home or anything like that but i got a credit card with 7.90% interest, a loan thru dell with 9.9 and a loan with chase to pay this judgement at 12%. And this is all before being satisified judgement.
Was just curious, thanks ahead of time,
Ang


lrhall41

Submitted by Ang on Sat, 09/22/2007 - 06:02

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Mine was a $100 to a hospital. I was contesting the bill as already paid when we moved and then I completely forgot about it. When I found out about the judgement I paid it. It staye don my credit report and did take some points, but when i had to have my credit pulled for a car purchase they told me it was medical and they don't hold medical collections against you. My credit is not the best by far but I no longer have that judgement on my record. It has fallen off.


lrhall41

Submitted by pybasj on Sat, 09/22/2007 - 06:08

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You got a judgement for 100 bux?? WOW! I thought judgements stayed on ur report for 10 years?? Ahh well not a real big deal to me cuz i don't plan on buying any major purchase anytime soon or if ever! I just got the credit card to help build credit and only use it when i can pay it off at the end of the month. And my boss was buying me a laptop for work so i asked him if i cud put in under my name and pay it off monthly so again i can build credit, he agreed. I love that man! :D And i had NO problem when i applied for the loan to pay this judgement off and it was an unsecured loan, just my signature.... i figured i'd have to have a co signer but nope i was approved to my surprise!
Ang


lrhall41

Submitted by Ang on Sat, 09/22/2007 - 06:13

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If you are trying to build your credit back up with a credit card, you do not want to pay it off at the end of the month. If you pay it off every month it is not going to show the revolving balance and payments. Leave a 5 or 10 balance and pay that off the next month. Don't run it up or leave a high amount just a few dollars that won't be hardship to pay off the next month. Just leave a few dollars every couple of months.


lrhall41

Submitted by pybasj on Sat, 09/22/2007 - 06:17

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Well i've been using it and paying it off every month and now that u say it the other day when i pulled my report it showed as a zero balance like it's never had one! DOH me! But my credit score has gone up, maybe it's the dell thing, cuz for a 800 laptop they wanted payments of 24 bux a month! oh wow that wud take forever to pay off!! I've been sending 200 and now only have one payment left to pay it off. Maybe that's what has helped my credit but nto like i've been paying on it for very long! Ahh but u know just thought about this, my hubby has a credit card that i'm an authorized user on and he's NEVER late on anything so i bet taht's helps me too!
Just trying to figure this out,
Ang


lrhall41

Submitted by Ang on Sat, 09/22/2007 - 06:24

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