Garnishment hearing!
Date: Sat, 07/18/2009 - 22:43
Apparently a judgment was granted in favor of the creditor, represented by Javitch, Block & Rathbone, back in June of 2007!! News to me! I did not realize I had been taken to court, much less have a judgement against me. I do not the amount of the judgement, it isn't even listed!
I am not working, have not worked for a while now, as I have been unable to find substantial employement, so I am a stay at home mom for the time being.
What are my options? I have 5 business days to respond & that grants me a right to a hearing. Do I need a hearing?
Is it still possible to make payment arrangements & avoid court?
I am in Ohio. Any help is appreciated. Thanks in advance!
Contact the court to find out when and how they served you. If
Contact the court to find out when and how they served you. If you were not served properly, you can have the judgement set aside for improper service.
What is considered a correct serving? I would think that I shoul
What is considered a correct serving? I would think that I should have had to ahve signed for something, as in it would have been sent certified mail. Is that right or is that practice not the norm?
I will be calling them in the morning.
Service can be a summons server, US Mail (not certified) or by p
Service can be a summons server, US Mail (not certified) or by publication depending on state laws.
Well, I found out it was sent via us mail, same as the request f
Well, I found out it was sent via us mail, same as the request for garnishment I recieved on Saturday. Yet, I told the clerk I NEVER re'd anything at all about a judgement. She only said she didn't know what happened but that was how it was sent, back in June of 2007!
So, is my next course of action calling this attorney(or group of them) to try & work out some payment arangement?
Ok, following up. I called the attorney, but didn't get throug
Ok, following up.
I called the attorney, but didn't get through to the guy assigned my case.
I call BACK the clerk of court & ask what I can do, as I have 5 business days to try to handle this & not allow the garnishment to happen. She tells me that the garnishment has already been placed & that the court date is not to allow it, it has already been allowed, but that she would be at the court hearing with whatever funds were garnished...if it is over $400. HUH? I am so confused! My letter states a request for HEARING, not that garnishment has already been granted! I dunno if she isn't understanding or if I am not understanding.
CoC then says she had no certified notice or form listing the exact amount of the garnishment, only that if there was less than $400 in my acct it would not go through. She told me to call my bank, that they would know how much was being garnished, b/c she didn't.
So, I call my bank & they are clueless! Bank tells me the clerk of courts would know the amount of garnishment, not them & they can't know until they get an 'attachment to account' notice from the court. Bank says it must be in processing & that I got my notice before they did. I have 3 accts with this bank, 2 have zero balances, have for years, but they won't cancel them out.(I have requested this MULTIPLE times, I mean, why keep open an account I have no funds to put into?) The other account is a joint account my husband & I have. There is no specific account # listed on the request for hearing of garnishment, only the name of the bank. Will they try all of the accounts, including the joint one, or just the ones(that have been empty for years) that are in my name only?
But more than that, how has the garnishment already been allowed when the paper clearly says HEARING for a request of garnishmet? This makes no sense to me at all. Can anyone please let me know what the heck is going on? Any help is truly apppreciated!
Contact an attorney you may qualify for free Legal Aid you can f
Contact an attorney you may qualify for free Legal Aid you can file a petition with the court (Motion to Quash) which can get the garnisment throw out or you can just seek arbitration and you can work out a deal where you might have to pay only $25 a month or whatever you can afford.