Wage Garnishment

Absolutely. When you go to court bring copies of your check stubs and tax papers. If you can prove insolvency you will be able to stop or reduce the garnishment. You have a better chance of stopping it now, since the deductions have not yet begun. Good luck!

Wow, thank you. I was really worried, my financial status has changed so drastically lately, if they take as uch out of my paycheck as the law allows, I will be without housing, eventually. Thanks for the info.

You're welcome!! Just be upfront, and they will help you!

Yeah, I'd also suggest vacating the judgment due to improper service.

talk to the county clerks office. they may have info on what your next course of action can be. or you could check with legal aid.

Actually, you were probably properly served. A court officer must attempt to serve you in person, or you can be served by us mail. If you aren't home, the officer can tape the summons to your door. You will have a copy mailed to you as well. If you are not in residence there it is not the officer's responsibility to find you..The court and it's officer have done their duty. They are only required to attempt to serve you at the address they have for you. Very rarely are summons improperly served.

Ok...need advice on THIS one. If a company threatens to "garnish your wages", aren't they suppose to send you something about it? Let you know some way? I would thank so. Even if you DO have payment arrangements ( that you just can't keep right now) and you are doing your best to send them SOMETHING per month?

Regarding JCEMT's answer, exactly what do you mean by vacating the judgment due to improper service? I realize that their only obligation was to send a summons, or notification by mail at my last known address, however, I already filed a motion to represent myself - which was granted, and the hearing is today at 2 pm. I am just concerned that a garnishment (in the amount allowed by law) will cause a hardship on me. Well, actually I know it will, I won't have enough money left to pay for housing, utilities, etc. I am just hoping we can somehow work out an amicable agreement. If not, then I will be forced to quit my job and go on public assistance, which I have NEVER been in my life, but I really see no other option besides filing bankruptcy, and even that isn't an option for me right now, as I do NOT have nearly enough money to pay for one. I am in a pickle. This is just nuts, after all these years of struggling and working hard, I know I am not alone though and there are other people worse off than I.

Actually, you were probably properly served. A court officer must attempt to serve you in person, or you can be served by us mail. If you aren't home, the officer can tape the summons to your door. You will have a copy mailed to you as well. If you are not in residence there it is not the officer's responsibility to find you..The court and it's officer have done their duty. They are only required to attempt to serve you at the address they have for you. Very rarely are summons improperly served.

Fins, I am reading more and more about Judges who rubber stamp summary judgments for 1's.
In such a case, the debtor has no idea the CA has a Judgment until after the fact.

This was one of the problems a member of a consumer advocate organization addressed before the Federal Trade Commission during the workshop in October.

I guess each state is different as is each case but i specifically remember reading on my summons that it said MUST BE signed by defendant!! So I had to actually sign for it, and i think the server came to my house a few times before finally catching me there!
Just my case,
Ang

Update: I went to my hearing today, the Judge terminated the garnishment, he said I wasn't properly served. Me so happy! :D

Oh wow SD! Congrats!!! Do u know if he did with or without prejudice???
Bet ur doing the happy dance now!
:D
Ang

Well, he said that I would probably receive papers in the mail from this company to make payment arrangements. So, let's see. And yes, I am doing the happiest dance ever!

Congrats! I'm very happy for u SD!
:D
Way to go!!
Ang
Also, if i were u, i'd go to the courthouse and get ur case file and see how he dismissed it before agreeing to pay them a dime! But hey, that's just me!
;)

i am so happy for you :hug:

That's a good idea, I wonder if I could get it online?

U may be able too SD! But like i said i'd be interested in seeing if he dismissed with or without prejudice... Of course since he said u will probably hear from them again but wonder if they'll wanna spend more money on court costs and such?
I sure will keep my fingers crossed for u!
:D
Doing the happy dance with ya SD!
Ang

I think I was just so happy I didn't really hear what the Judge said, actually, I hardly said anything at all, it was very silent while he fumbled through the papers, then he looked up at me and said I am terminating this garnishment because this company failed to notify you, he also stated that there wasn't even a copy of any mailed papers attempting to make payment arrangements with me., I believe he said something about the company should have sent me papers to fill out prior to the wage garnishment request?? Papers to explain my situation and what I could afforn to pay them? Jeez, I was so nervous I'm not sure. lol I will have to get a copy and look it over. Oh and, thank you Granny and Ang. :)

Yes SD before u go in for garnishment u should have had to show them all ur assests and income ratio. It's a LONG form with loads of questions!
Sounds to me like this CA was hoping u wouldn't show up and win a default judgement! I'm SO happy u went!
:D
Did u tell the judge that u were never served properly? Or did he just decide since the case was done so sloppy to dismiss it?
I know what u mean about being nervous in court but when i went they were all very very nice! Just normal people!
:lol:
Still doing the happy dance with ya SD,
Ang

Yes, in fact he did ask me if I was served, and I told him no. But I remembered something the judge said (your comment reminded me). Even though my address had changed, apparently this company did not send the letter you are talking about through the postal service or otherwise. He had mentioned that there was a form or something they (the credit card company) were required to send out BEFORE the garnishment letter, which listed your income, assets, etc. So, I guess all this was carried out improperly and that is why he terminated (the Judges words) the garnishment.

Excellent news to hear! Kudos to you.

Hey SD, Another question if u don't mind. Who was it that filed this suit against u? Not sure if u mentioned it or not.
Also try to get a copy of ur case file to see how he dismissed it!
:D
Still doing the happy dance,
Ang

Does anyone know how to file a hardship exemption as my wages are being garnished.i was tod that if i need all my income to provide for my family i could file the hardship exemption to ask the court to reduce the garnishment. Susu

It was originaly Washington Mutual/Providian, but a collection agency called Arrow (I think, I don't have my papers with me) that was named as the plaintif. I will look when I get home and re-post.

yes i've heard of Arrow and they are junk debt buyers if i recall right!
Ah well i was just wondering if it was the same CA that sued me, CACH! Idiots!
ha ha
Still doing the happy dance for ya SD, What a great feeling huh?
:D
Ang

It's a wonderful feeling, I am just glad I went to court and faced the music, so to speak. lol

Oh yes it's always smart to show up in court cuz u NEVER know! I'm SO happy this all worked out in ur favor SD!
Have u considered registering here and maybe helping someone else who will come here in the same position as u??? Doesn't cost anything to register and then u can use pm's and such and also get points for posting that u can cash in or donate to others.
:D
Ang

Hi Ang, well, I have thought about it, don't know how much help I could actually give, more like support, maybe. I think I will register though, thank you. :)

Well ud be surprised at how much u can learn here and also how many people will come in and be in the exact position u were in!! U can tell them ur success story and how important it is to show up in court! :D
And welcome to our community SD! Always good to have new members.
:D
Ang

I was apparently already signed up, but I honestly don't know how that could be, as I don't remember ever signing up here. Hmmmmmmm. When I tried to register, it said my email addess was already registered.. strange.

Welcome welcome SD!
Glad to have ya join us!
:D
Ang

I wonder why my real name is showing up, I'm not so sure I like that. hmmmmmmmm. Oh and, thank you! :)

U can PM Mike and ask him to change ur id! I"m not sure how to do it myself or i'd help ya....
Look on edit my profile and see if u can do it there.....
I'll look and if i see anything i'll let ya know but otherwise just PM Mike and he'll help ya!
Ang

Ok try this and see if it works... go to edit profile then where it says real name change that!! Not sure this will help as my user id and real name are the same!
Try it and let me know if it works SD.
Ang

OK, thank you. :)

My 16 yr old daughter decides to live with dad because I grounded her. . He makes 75M a year and wants me to pay 50 per week. I make 14M after taxes and have 2 other children. I agreed, because my lawyer said it was best because calculator said 65 per week and wouldn't have to go to court which was more costly. %0$ payment to start immediately, I simply cannot afford what can I do?

I am not sure what "M" stands for. You can not afford the $50 a week?

"M" is the Roman numeral for 1,000.

Just in case you see this - there isn't much you can do, Guest. Courts are vicious about child support. Even if you had a nervous breakdown and was in a mental hospital, they would still charge you, and if you can't pay it, it will still accrue, and you will end up having to pay for it someday. Student loans, taxes, and child support - no way out. If the calculator said $65 a week, be very thankful that he agreed to $50, he *could* demand and get (and take directly from your paycheck) the $65 a week.

I've worked at an Attorney General's Office, Dept of Family Support, in the Finance Dept., on top of that I had a girlfriend in the position I mentioned above - and even though she eventually got back on her feet and made good money, she had to rent a room instead of an apartment because she was getting garnished for double on account of the arrears.

Makes me glad I never had kids!