writ and wage garnishment questions

What you need to do is call the court house and see if in fact a judgment was entered against you. If it was then you need to find out how they served you. You should then file a motion to remove the judgment for improper service.


Who is the debt collector and attorney?

When was the last time you made a payment on this debt?

What state do you live in?

If the debt is old and passed the statute of limitations for your state that is better for you cause then you can get the case dismissed with prejudice.

I am in Oregon. I tried to find out if a judegemnt was indeed filed against me, but we do not have open access court here online and it is the weekend, so I can't call the court clerk until normal business hours on Monday. And unfortunaltey I work the next few days, so I will not be able to find out from the court for sure till the end of the week. The last time I made a payment on this debt was last year and the attorney listed is Daniel N. Gordon in Eugene, Or. The debt is for an old credit card. I am wondering if I should just file for Bankruptcy instead of trying to fight this in court. I also have other old debts and my credit is already bad as it is.

I am in Oregon and the attorney listed on the writ is Danile N. gordon in Eugene Or. Also listed is a Lindsay K. Wostmann. The debt is for an old credit card that I last made a payment on about 1 year ago. I work the next few days, so I wll not be able to contact the court clerk until later this week. I work long days and do not have access to a phone until after the court is already closed for the day. We do not have open access online to the court files here, so I can not check without contacing the court clerk during normal business hours. I am wondering if I should just file for Bankruptcy instead of trying to fight this, as my credit score is already bad and I also have other old debts. I am sure I would have to pay an attorney more to fight this than to pay for one to file for Bankruptcy.

That is really a personal choice. If you have a lot of debt and cannot repay it and are falling behind then bankruptcy would be a good choice. BUT what you should do first is get the judgment vacated for improper service. Then you can file for bankruptcy with an attorney, get an automatic stay and then that lawsuit is void.

This way you will not have any judgments against you and the only thing that will appear on your credit report will be the bankruptcy versus the judgment and bankruptcy.

bump

Can anyone here let me know where or how to find the proper form on how to challenge the proof of service. I was not properly served, but I can't find the form online for this. Or can anyone let me know how to file the challenge of the writ and exemptions form? I do not know how I should fill that out and whether ot not it has to be filed with the court.
Joeblow

Hi Joe, I've had to go through some similar situations as yours. I'm from Michigan so some of our courtforms might be different than in your state but maybe will offer some help. I think the first thing you should do is be sure to check with the court and find out where and when they sent the 'notice to appear' that you were not served. If the judgement is real, they probably sent a copy of that (which the court is supposed to do) to the same incorrect address. If everything is legit and there actually is a default judgment against you, but you were never served, then you'll want to file a 'Motion to Set Aside Default Judgment'. There will be a place on the form for you to state your reasons ('improper service', past sol, etc.) As far as the garnishment goes, you'll want to file an 'Objection to Writ of Garnishment and Notice of Hearing'. If you've recieved the 'Writ of Garnishment', you usually only have a certain amount of time to file your objection. Remember that these are Michigan courtforms so they may vary depending on your state laws and court rules. If you want to see the actual forms (Michigan), type in your search bar 'State of Michigan/scao/courtforms' and look under Civil, General. Hope this helps.

You will need to do some research into Oregon's Rules of Civil Procedure. There may not be a form to fill out. This would generally be something a law office would draw up so the expectation is that if your representing yourself that you have the basics down. You likely will need to file a Motion to Vacate based on improper Venue. You also might be able to purchase a template somehwere like nolo dot com

this is what happened to me today....so what should i do, i picked up my paycheck today, and the notice was signed on the 16th and when i went to the bank; there was an issue with my check-but they did cash it....thank god. I asked HR if they had received anything and they said that they have not seen anything.

Same thing just happened to my girlfriend. Never notified and judgement of garnishment against her. She is not working and we have nothing they can take so let em come on. These guys are going after a credit card debt from 2002. No payments made to anyone since 2003. Is this old enough for the SOL to be in effect? We have not heard from the Credit Card company in over 4 years. How can they be coming after her for something so old? Good luck we are going to the court next week to see what is going on.

SOL in OR is 6 years form the date of last payment so have either passed it or will w/in this year

I have the same questions as joeblow but i am in California. I was making payments on my judgment Attorneys Office, but my hours at work were cut and i couldn't afrord pay them. They were unwilling to work with me and therefore they want to garnish my wages and if they do i'll be out on the street! what is the proper proceeder i will need to take for CA law? Please help me!

I whant to know when is it going to end I been paying for over a year and they have not send me a letter of where the money is going nothing

so here it is the 12-15-2010......and ewing and ewing is has taken over 21,000 of my paycheck.......

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