EMPLOyER GOT NOTICE ON WAGE GARNISHMENT TODAY

if you were never served a summons to appear in court you must go to the court where you were sued and request a hearing with the judge to set the judgement aside due to improper service. You must do this immediately otherwise, you will have a very difficult time stopping the garnishment. The court should allow you to be heard within a matter of a few days, 7 at most.

These debt buyer accounts especially Arrow Financial intentionally have you not served so that you can not dispute as they have no case against you and will lose the case if you simply appear in person and request validation of the debt. They do this to take your money from you without having to go through you.

Regardless of the validity of the debt, you need to protect your rights and file a a motion to set this aside. See your county court clerk at once.

i'm the author above, when they serve a summon do they have to give it to you directly? and do you need to sign anything? i have checked my files and have not found any summons by them, also have ask my family if they did or not. please inform me thanks i appreciate the help

you were not served?then this is more than likely a wage assignment.you can revoke it.jcemt should have resources of letters to send your HR person.your sure there is no summons.then they tried to sneak a wage assignment.that is voluntary and can be revoked.

i 100 percent sure i never gotten a summons, if they did have a summons for me, they might have dropped it at my parents home where i used to live 10 years ago. is it legal for them to drop the summon off to family memebers?

i do have a a notice that states wage deduction summons notice. with a case number and everything. it also has a return summons date on it for 4/14/08. what should i do should i go and seee whats going on.

i told my resource lady to hold off on the deduction since i have no idea i owe this company any money.

good move,they tried to push through a wage assignment.that is totally revocable,let your HR person know this.

i'm going to court this monday to see what is going on with this wage deduction notice. just in case they try to pull a fast one. what should i do. how should i approach the judge about this. should i tell him i have no clue i owe this money to this collection agency and that they never sent me a summon i never recieved it personally and i never talk to anyone from the coollection agency? should i bring any forms with me at all? debt validation letter?

what should i do. can a default judgement be reverse and be heard again? what are my options as of right now before monday comes along. thanks for any help.

This absolutely sounds like a Wage Garnishment...buzz words "summons" and "default judgement" and from what it sounds, a court date.
The originial creditor wsa Providian. What state are you in? Most states have laws of service that differ a bit from state to state.

forgot about that,but you should check with
the courthouse.

Hello guest, I just went through almost the exact same thing. Arrow Financial got a default judgment against me, however, I had moved, and was not served properly. Then they got a garnishment against me. As soon as I was informed by my employer that Arrow Financial garnished my wages, I wrote a letter to the Judge, explaining that I was never served and had no idea about this default judgment against me. Here's a suggestion, if you have the docket or case number, you can go online to your local court website and search the case, that will tell you if Arrow Financial, or whoever, stated to the court that you were or were not served, but an attempt had been made.

Actually, at my local courts website, you can also put in your name and search for your case.

Hopefully when the poster comes back to tell us the state, we can better determine if they were properly served or not.

Can a mod for this board please move this to the Collection Agency forum.

Thanks

hi thank everyone for the help so far. i'm from illinois what is the website i can look up if i wanted to check to see if the ever had a summons for me?

please help i'm short on time. monday is my best bet. what shold i tell the judge. what should i file. (motion to vacate a default judement? please help me thanks

Hello guest, what county do you live in? Is this common pleas court?

hi, i live in cook county, i just check the file online and it said that. (SUMMONS SERVED - SUBSTITUTE SERVICE). what does substitue mean?i never signed anything that show i recieved the summons i never seen or saw this summons and never gotten any documents from the at all about this debt. i don't even see them on my credit report. i do have a court date which i'm planning to to go to monday. if i knew i would have send out a validation letter to them. this company is really being sneaky about it.

Hmmmmmmm, I think this is a good question for JCEMT, I'll direct this question to him, please hang tight.

If they're saying they served you a summons, and they didn't, then I would think they would have to prove it, especially if you tell the judge you were never served! :?

im going to hang tight. i really appreciate the help.

Service of process is the procedure employed to give legal notice to a person (defendant etc.) of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal. Usually, notice is furnished by delivering a set of court documents to the person to be served.

Have you received a summons and civil complaint? If not you should check to see if a judgment has been filed against you, if so you should speak to the judge who tried the case and request that the judgment be vacated due to improper service.

Also, what state do you live in? There are a few things that I would like to check on in regards to your payday loan.

i live in the state of illinois, live in cook county,

no i was never served any anything personally. i would only assume that they dropped it off at my parents house which they have for my last address. if they did drop it off to my younger sister or parents is that considered being served? because i ask my parents if they have any summons for me and they said no. i have libed with them in a long time.
i only found out about this debt through my employer.
and i got a copy of the wage garnishment summons. that is all i have form this company

i meant i haven't live with my parents for years.

Ok, it sounds like they have already obtained a judgment, which means it's time to get it vacated due to improper service.

Also here is some additional info that I was able to dig up on PDL's in the state of IL as well as law on wage garnishment:



______________________________________________________________________________________
Legal Status: Legal

Citation:
Ill. Comp. Stat. Ann. ???? 122/1-1

Loan Terms:
Maximum Loan Amount: lesser of $1000 or 25% gross monthly income
Loan Term: 13-45 days
Maximum Finance Rate and Fees: $15.50 per $100
Finance Charge for 14-day $100 loan: $15.50
apr for 14-day $100 loan: 403%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: Two
Rollovers Permitted: None (cannot rollover)
Cooling-off Period: 7 days after 45 consecutive loan days
Repayment Plan: Yes

Collection Limits:
Collection Fees: One $25 NSF fee (Presentment limit = 2)
Criminal Action: Prohibited
_____________________________________________________________________________________________


Illinois Wage Garnishment

The maximum part of an individual's disposable earnings for the work week that can be garnished is the greater of:

1. 15% of the disposable earnings; or

2. The amount of the disposable earnings that exceed 45 times the federal minimum hourly wage.

can you please guide me to the proper way of filing a motion to vacate. are there any sample letters. and what is a good reason to vacate the deault judgement.

The grounds to dismiss will be improper service. Proper service would be serving you with the civil summons/complaint which you would be given typically 30-60 days to answer and you would be notified of a court date so that you can present your defense if any. This falls under your human rights in that "No person shall be deprived of life, liberty, or personal property without due process" by them not providing proper service you were not aware that you were being sued and thusly the judge had no choice but to believe that what they said had to be true (this is called a default judgment)

Also, in regards to your question on how to do it; I have taken the liberty of adding some legal resources to the list of community resources thread which you can access via my signature link. It includes a sample motion to vacate judgment letter, rules of civil procedure by state/district, and other various pieces of useful information.

Moving to the Collection Agency forum as requested. :wink:

Good luck. Where I live all they have to do is put something in the paper or a notice at the courthouse for 30 days viewable by all the public if they are unable to properly serve you the first time.

well i went to court this morning and the judge gave me a continuance until may 27th. got a few information from a legal aid they had there. pretty helpful. hopefully i can find myself a lawyer to contest this debt. i rathe pay the lawyer then have these guys garnish my wages and also put a bad mark on my credit report. the legal aid said that they might be out of statue to collect this debt. he said the staute is 10 years but wtih credit card debt ther is some type of stipulation in illinois abou it, and it ha only a five year limitation. so i'll find out.

can anyone lead me to a good lawyer in illinois, chicago that practice consumer debt? please help thanks

It would be great to get a lawyer! if you can't, be sure to motion for discovery. In this you will want them to provide every detail about the account and prove everything they say: signed agreement/contract, statements for the life of the account, etc.

i'm going to fight this case out for the sake of myslef and for a lot of the people out there that had this done to them. being blindsided by a collection agency sucks. i will share my details to you guys in my process.

in the mean time some please help me find a lawyer :) thanks

imma try. naca to see what i got in my area

TALKED TO TEO LAWYERS TODAY from naca.net. one seesm to know alot about the arrow financial and the judge. he told me if i would have just went to court i would have gotten it thrown out. why didn't i , well i didn't know i was served. he didn't sound optimistic about my case but he said he's going to look into it and get back to me.

going to keep you guys updated.

have anyone ever get a default judgement vacated?

Hello guest, yes I have had a judgment vacated with the help of the people in this community. By the way, it was Arrow Financial, the judgment was vacated due to improper service. That was in Feb of this year, so it seems Arrow is making their rounds this year, eh? Please hang in there, go to the court house and ask for a copy of your case file. Then try to find out whether there is anything in there that proves you were served. If not, then you should file a motion to vacate.

I posted in another area in regards to my problem but i'd thought i'd ask around so i won't miss anything. My employer was sent papers also stating that there was a judgement against me thus they needed to start garnishment of my wages. Problem is when i go onto the courts website and try to search the details or my case by the index number or my name, nothing comes up at all. Meanwhile they have been taking money out of my check every pay period.

Go to the court house and see when and where you were served notice that you were being sued. If you weren't properly notified, then you can ask the judge to vacate the judgement.