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Wage garnishment.

Date: Tue, 12/16/2008 - 18:58

Submitted by jolecarr
on Tue, 12/16/2008 - 18:58

Posts: 5 Credits: [Donate]

Total Replies: 28


Can an attorney send your employer a notice to garnish wages even if you have no judgement against you. I checked and have no judgements on file. I recieved a summons but doubt the validity of it because it has no Judges signature or court file numbers.


The atty represents the collections company the summons is notice that they intend to seek judgement thus in turn garnish your wages. Best thing to do is attend the hearing if possible or start making payments now based on your state and the type of debt they are collectin gup to 25% of each paycheck can be taken. Get on it quick!


lrhall41

Submitted by on Tue, 12/16/2008 - 19:52

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Jlecarr, Have you received any summons? If a plaintiff files a complaint against you in the court then a summons is supposed to reach you. It will contain all relevant information and the time period within which you have to file your answer.

Garnishment of wage is only possible if a judgment is done against you. You should contact your county court and inquire with the clerk about it. Inquire about any default judgment against you.

Let me add here that, no one can garnish your wage untill and unless a judgment against you has been done.


lrhall41

Submitted by enlightened on Tue, 12/16/2008 - 20:23

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I signed off on a judgment by agreement with an attny firm that went out of businness, therefore the jugment against me went away, now a new fvirm has put their name on the agreement. Is this considered altering a document? This was originally a Cap One acct. I wonder if they are a third party debt collector. Do I have a debt with them as I have signed nothing with them and have not paid anything. the account has been closed for two yrs


lrhall41

Submitted by on Wed, 12/17/2008 - 16:13

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I have a wage execution hearing scheduled for 12/19/2008 and my question to you is I already have a garnishment against me that just started in November this year and now there is another one against me. Can my wages be garnished again . I have discussed and made payment arrangements with them, so is it necesary to attend the hearing.


lrhall41

Submitted by on Thu, 12/18/2008 - 19:03

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Yes you must attend, if not a writ of Capias could be issued depending on your state. What that means is you will be arrested and taken in in front of the judge to explain why you didn't show and then discuss how you plan on paying, if you can. The problem with the writ of capias is that sometimes they hold people for days, one guy in Massachusetts was help for 30 days

These are the basics but they don't apply to everyone because all state laws are different. What state do you live in? Garnishment may be illegal and also if most of your income is going to one debt , the rest of your income could be exempt. They will have to wait till the first debt is paid off before they can start another garnishment.

Do your best to not get a garnishment, with 2 garnishments at your job, I am pretty sure you can be fired. With only one garnishment you are safe....


lrhall41

Submitted by on Thu, 12/18/2008 - 19:17

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Sounds SOMEWHAT similiar to a problem I was having. Someone had called me, concerning a Capital One account (which is crazy, because I NEVER had Capital One). This call happened about a year ago. I don't know if it was a so-called Atty's office or a CA. Anyway....I told them I never had a Cap One. Like.........their really gonna listen to me. The person, over the phone, was very rude. I asked him to send me some kind of proof that I owed the bill. He said he would. I NEVER received anything from the. I wish I got their name, number, etc. Just really upset because they were telling me I owed on something I din't.


lrhall41

Submitted by sdchargers_63 on Fri, 12/19/2008 - 03:31

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No guest you are wrong. If a judgment is issued and you fail to appear to the payment hearing you can be arrested and brought in front of the judge. It will usually say it on the bottom of the court papers for the payment hearing, At least that's how they do it in Massachusetts. When I went a few months ago, about 15 people failed to show up and a Capias was issued on all of them.


lrhall41

Submitted by on Fri, 12/19/2008 - 16:34

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Sooooo-back to my original thought, if one signes off on a judgment by agreement with one collector who goes out of business-can another firm just paste their name on it to enforce-or is this altering an agreement? I am wondering if a new form would need to be signed. I am dealing with a new collector and must show up in court next month to have judgement by dismissal vacated. I will certainly show up as I need to be arrested and put in jail like I need three wives....Just curious, I have no garnishments against me and much like disease free-I'd like to keep it that way. Any thoughts on what lies ahead would be most appreciated!


lrhall41

Submitted by on Sun, 12/21/2008 - 10:05

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In MN, an attorney CAN garnish you prior to judgment so long as they served the summons and complaint upon you, and 40 days has elapsed.


lrhall41

Submitted by on Wed, 01/28/2009 - 19:32

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I have a Id. fraud case. there is an credit card acct. obtained under this case. I need help getting this straighten out. a judgement was placed against me. I'm not responsible for this acct.


lrhall41

Submitted by on Thu, 05/28/2009 - 08:26

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I had a few old parking tickets that they had mailed to the incorrect address and hence weren't paid on time. I paid them to the City of Chicago, after getting an initial letter from the Collections. The city of chicago is represented by some attorneys and the letter actually had Case number and everything. I made the payments to the City immediately. But then got a second letter after a month regarding a wage garnishment for the same amount that I had paid. I called the attorneys this time representing the city and told them the amount's been paid and they said they will send a STOP notification to the employer, but have been really trying to fool me. I contacted my employer several times after providing the attorneys the fax number to send the STOP NOTIFICATION, and my employer mentioned they they never got 1) the initial letter for the wage garnishment or 2) the STOP notification.

My question is IS THIS A SCAM??? I went to the City of Chicago Cook County website and I can see this case online, so I am sure they have filed it, but how can I stop them from garnishing my WAGES. Also do I need to show up to Court on the request date of the citation notice??? Please help. I want to avoid them charging me twice and me having to run around to collect my $$$ later!!!Please advise!!!


lrhall41

Submitted by on Tue, 07/14/2009 - 14:31

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I had an collection attornery serve me a summons last April so I called them and went down and paid 1/2 of the debt the same day. I was told that the court date would be canceled because I made a payment and I was suppose to make the last payment in May but I did not. So when I started back to work in August they garnished my check and I did not receive anything stating that my wages would be garnished not did I ever go to a hearing.


lrhall41

Submitted by on Fri, 09/18/2009 - 11:49

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Richard Dean Seierstad

Birthdate:
May 5, 1949

[EMAIL="rseierstad@jcccollect.com"][/EMAIL]
PERSONAL INFORMATION REMOVED

The purpose for this post is form a party to protest the crooked actions of Richard Seierstad (AKA Richard D Seierstad)


lrhall41

Submitted by on Wed, 03/03/2010 - 18:45

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I received a summons today from the same guy - Richard D. Seierstad - It tells me that I need to answer the complaint within 20 days. The summons is for an outstanding medical bill at HCMC. There is nothing noted about a court date, nor is there a signature from a judge. If I call this law office and pay the amount, is that considered "answering the complaint?" Is there any reason I need to worry about a hearing if I take care of it? Is this even a real summons? Please help.


lrhall41

Submitted by on Sat, 05/15/2010 - 13:32

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Were you served for the judgment?

If you were not served, you need to go thru the courts to have the judgment set aside for lack of or improper service. Once that happens, then you need to go back thru the credit card company or attorneis office handling the case and send them the fraud and police reports.


lrhall41

Submitted by SOAPLADY on Sun, 05/16/2010 - 07:26

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I guess I don't know much about how a summons works... Nor how to read the language well enough to understand whether or not I was "served for the judgment." The first page explained that I was being summoned and that I had 20 days to answer the complaint. The second page listed the three parts of the complaint, including the amount I owed. The bottom of both pages had the name of the law office, and a note explaining that this was an attempt to collect a debt. The attorney signed it, but no judge or court date, like I said before. It also told me where to make checks payable to. I'm scared and confused...


lrhall41

Submitted by on Sun, 05/16/2010 - 20:19

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Quote:

Originally Posted by Anonymous
I guess I don't know much about how a summons works... Nor how to read the language well enough to understand whether or not I was "served for the judgment." The first page explained that I was being summoned and that I had 20 days to answer the complaint. The second page listed the three parts of the complaint, including the amount I owed. The bottom of both pages had the name of the law office, and a note explaining that this was an attempt to collect a debt. The attorney signed it, but no judge or court date, like I said before. It also told me where to make checks payable to. I'm scared and confused...


okay then,check with your court clerk to see if the summons is real.in most cases you will be given a court date when you respond to the summons.when you do respond let the clerk know your answer.

example:if you were the victim if ID THEFT then put that in your answer.if you want the attorney to validate the debt,then file that you plan to request validation during discovery.either way go through the court,and the court clerk.do not trust the plaintiff.again check with your court clerk,and respond if the summons is legit.


lrhall41

Submitted by paulmergel on Mon, 05/17/2010 - 05:11

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Quote:

Originally Posted by jolecarr
The attorneys name is, Richard D. Seierstad Esq. I live in Minnesota. I am not sure what the debt is for 9Not listed on the notice), There is a company name listed, but I have no idea why or for what I owe them.



Had my own run in with Richard D. Seierstad. He sent me a false summons to my doorstep. If you put a little political pressure on him he'll cave. Go to the www.startribune.com and search "hounded series" and read. I sent several letters 1 to the Attorney General's office, Senator Al Franken's office and other attorney's and legal foundations in that article. I would definately write to these people. They took action and now I got a letter from Seierstad's office to let me know that he will no longer be litigating me and he'll be off my back. The attorney General's office got to him and other Minnesota Legislators.

Here's my list of contacts:

Sen. Al Franken
Saint Peter Office
208 S Minnesota Ave
Suite 6
Saint Peter, MN 56082

Office of Jon Leibowitz
Federal Trade Commission
Consumer Response Center
600 Pennsylvania Avenue, NW
Washington, DC 20580

Carolyn L. Carter, Deputy Director of Advocacy
National Consumer Law Center
Washington Office
1001 Connecticut Avenue, NW,
Suite 510,
Washington, DC, 20036

Offices of Sam Glover
The Glover Law Firm, LLC
125 Main Street SE, Suite 250
Minneapolis, MN 55414

Faegre and Benson
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402-3901

Sen. Ron Latz, DFL-St. Louis Park,
75 Rev. Dr. Martin Luther King Jr. Blvd.
Capitol Building, Room 306
St. Paul, MN 55155-1606

Rep. Joe Mullery, DFL-Minneapolis,
367 State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, Minnesota 55155

Ron Elwood, Staff Attorney,
Legal Services Advocacy Project
Midtown Commons, Suite 101,
2324 University Avenue West,
Saint Paul, MN 55114


lrhall41

Submitted by on Fri, 07/23/2010 - 16:20

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Had my own run in with Richard D. Seierstad. He sent me a false summons to my doorstep. If you put a little political pressure on him he'll cave. Go to the [URL="http://www.startribune.com"]www.startribune.com[/URL] and search "hounded series" and read. I sent several letters 1 to the Attorney General's office, Senator Al Franken's office and other attorney's and legal foundations in that article. I would definately write to these people. They took action and now I got a letter from Seierstad's office to let me know that he will no longer be litigating me and he'll be off my back. The attorney General's office got to him and other Minnesota Legislators.

Here's my list of contacts:

Sen. Al Franken
Saint Peter Office
208 S Minnesota Ave
Suite 6
Saint Peter, MN 56082

Office of Jon Leibowitz
Federal Trade Commission
Consumer Response Center
600 Pennsylvania Avenue, NW
Washington, DC 20580

Carolyn L. Carter, Deputy Director of Advocacy
National Consumer Law Center
Washington Office
1001 Connecticut Avenue, NW,
Suite 510,
Washington, DC, 20036

Offices of Sam Glover
The Glover Law Firm, LLC
125 Main Street SE, Suite 250
Minneapolis, MN 55414

Faegre and Benson
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402-3901

Sen. Ron Latz, DFL-St. Louis Park,
75 Rev. Dr. Martin Luther King Jr. Blvd.
Capitol Building, Room 306
St. Paul, MN 55155-1606

Rep. Joe Mullery, DFL-Minneapolis,
367 State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, Minnesota 55155

Ron Elwood, Staff Attorney,
Legal Services Advocacy Project
Midtown Commons, Suite 101,
2324 University Avenue West,
Saint Paul, MN 55114


lrhall41

Submitted by on Fri, 07/23/2010 - 16:23

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Minnesota actually allows for Pre-Judgment garnishment. In MN, an action is commenced upon service of the Summons and Complaint, not upon filing with the court. Typical default time is 20 days from service. The Pre-Judgment garnishment statute allows for garnishment when the creditor could have obtained a default judgment at any time forty (40) days or more after service of the initial Summons and Complaint.


lrhall41

Submitted by on Mon, 10/04/2010 - 01:33

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