What can I do?
Date: Tue, 06/16/2009 - 11:49
I recently posted up a question regarding a Sheriff Letter, there's a judgment against me on behalf of Forsters & Garbus. I never received a law suit notice, no letters were ever delivered to me, and I just recently received this notice of wage garnishment from the New York City Marshall
I called the county clerk where the judgment was filed and apart from being rude the woman that answered the phone was so unhelpful. I asked about getting a judgment vacated and she told me that I needed to speak to the people that filed the judgment against me.
So that means that I have to speak to Forster & Garbus? I thought the county clerk would be able to help me out, but due to the fact that they have asshol3s to answer the phones, I don't know what to do next.
Can anyone tell me what I can do?
You need to file a motion to vacate the judgment on the grounds
You need to file a motion to vacate the judgment on the grounds that you were improperly served. This only applies IF you were never given a summons to the lawsuit. I would contact an attorney if you have the money to do so or consider the free legal aid office in your area if you are strapped for cash. Ask them for help in writing up the "Motion To Vacate". This does not mean the company can not turn around and file suit again though...
The County Clerk should be able to help with that. Tell them you
The County Clerk should be able to help with that. Tell them you need to have this judgement vacated on the basis of improper service. The woman was wrong in telling you to contact F&G.
Yes and this is what I was trying to do when I called them up, I
Yes and this is what I was trying to do when I called them up, I was trying to get some info from them. I stated in a previous thread, that I moved about 3 times and the last time I moved from NY to NJ so my mailing addressed all kept changing and all my mail was getting sent to different places.
Now, I tried to explain that to this person but she wasn't listening. She told me that I needed to contact the people that filed for the judgment, I told her that I was contacting the county clerk because I was told that the was the first step. She says "forget this he said she said, I'm telling you what we know here, so you need to talk to a the people who filed it"
If I call again, she might answer again and it might turn into an argument. I received the letter from the marshall just last week, it was dated May 26, 2009 so that means that they will probably begin to garnish my wages like next week or so.
I was going to get an attorney but I was told here in this forum to contact the county clerk first and go from there, and I don't want to get an attorney if it's going to cost me almost what I'm going to pay in the garnishment.
So I should call the county clerk again and ask for what?
The letter that you got should say where it came from. Be it the
The letter that you got should say where it came from. Be it the County Court or where ever. This is who you need to contact. If you get the same woman, ask to speak to her supervisor. The Collection Agency is not going to offer you any help on this so calling them will do no good.
Thanks FWTex I'll call tomorrow since it's closed already.
Thanks FWTex I'll call tomorrow since it's closed already.