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Circuit court procedures

Date: Mon, 01/03/2011 - 16:53

Submitted by OregonLisa
on Mon, 01/03/2011 - 16:53

Posts: 3 Credits: [Donate]

Total Replies: 3


I was told I had a garnishment in Payroll this morning. I was never served anything, and have no idea what the amount is for. It is from Asset Systems, Inc. but it doesn't say who the original creditor is or anything else... just that they should take money from me and give to them. What recourse is available to me? Don't they have to show proof of service? They have my address right on the court paper she showed me, so how can I have a judgement against me that I was never informed of? This collection agency has sued me before- for a hospital bill. The first time was for my portion not paid by insurance, which not only was I not sent a bill for (they had my address wrong although they had my phone number and never called to say the bill existed) I was also not served. The second time was for an ER bill that was for my husband,his wonderful insurance didn't cover much of anything, anyway they garnished me instead of him. I had to go through a bunch of crap trying to get it marked paid on my credit report as the collection agency didn't report to the court it was paid, although of course they are supposed to.. so I don't know if they're trying to pull a fast one on me or not..help!?


In order to garnish your wages, the collection agency will have to file a lawsuit against you. In that case, you will be served with a summons regarding that. You should contact your attorney and check out what legal actions you can take against them. He will be able to guide you in a better way in this regard.


lrhall41

Submitted by Anna Sweeting on Tue, 01/04/2011 - 00:09

( Posts: 1827 | Credits: )


Hi!
Welcome to the forums!
Contact an experienced attorney straightaway. He can help you deal with the situation. Collection agencies can't garnish your wages without securing a judgment from the court. In oder to obtain a judgment order, they have to file a lawsuit against you. If they had really filed a lawsuit against you, then you would have received summons. Since you have not received any kind of court documents yet, so I don't think that they can garnish your wages.


lrhall41

Submitted by Good Nelly on Tue, 01/04/2011 - 01:28

( Posts: 2846 | Credits: )


I actually saw the court documents that payroll had.. but I was never served by anyone, and frankly can't imagine who I would owe 200 dollars too. My concern was the legality- don't they have to show service to the court? If they said I was served they lied to the court. what recourse would I have then? Any?


lrhall41

Submitted by OregonLisa on Wed, 01/05/2011 - 12:01

( Posts: 3 | Credits: )