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Garnishing Wages (never sued, or summoned)

Date: Tue, 09/20/2011 - 14:19

Submitted by TQW0983
on Tue, 09/20/2011 - 14:19

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Total Replies: 5


My husband just received word from his employer that $50+ had been garnished from his wages by this company (Midland financial). Last week my husband called TransUnion to get a copy of his credit report, could that have effected us? We NEVER received a summons, or any kind of notice that we were being sued. Never heard of them until today. Came online google searched and found all kind of horror stories about them. We know better than to ignore a summons, but how can we know to appear in court if we are not contacted? What can we do at this point?:evil:


I am in the same boat as you but with a different creditor. I was told last friday that my wages were to be garnished for a judgement that was granted on behalf of American Express. I was never served a summons and in looking into this the summons was sent to an old address that I haven't lived at for 12 yrs. I am in a debt settlement program and they are helping me to try and get this judgement vacated. I urge you to get to the court and get the documents that they have and file a motion to vacate on the premis of Improper service. Hopefully this will help you get time to settle with Midland.
Interestingly in my case AE never had that old address so I am going to fight this with everything and every power I have this is just so unfair I am so close to being done with this whole mess. I can't wait to plead this in court.


lrhall41

Submitted by Rchechuck on Tue, 09/20/2011 - 21:06

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Ok, so I was looking at the paperwork, and they sent the summons to an address my husband hasn't lived at in over 5 years. The "credit card" company Midland brought this debt from, had our correct address, so why wasn't the summons sent to the correct address? Also, we noticed the judgment date on the court document said 04/23/10. My husband was actually incarcerated at this time for driving on a suspended license, so even if we received the summons he would not have been able to appear in court. Now what should our next move be?


lrhall41

Submitted by TQW0983 on Wed, 09/21/2011 - 09:01

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