Garnishment order without a hearing???

Ok . . .they took you to court in february and more than likely got a judgement then...however you set up payment arrangements and sent one payment? When you agree to a payment plan, it generally is your responsiblity to make sure those payments are made on time. It is now August....with the time that has past, you probbly wont be able to get the garnishment stopped.

What were you expecting them to send you? If you sent a check and they cashed it, that is acknowledgement of payment as well as your receipt? Did your original agreement/letter state that the attorney and or collection agency would send you anything else?

I stipulated that I would expect an acknowledgement from them and they never did. I thought that was right thing to do.

Did they cash the checks? If they did, I have a feeling they will say that this was your acknowledgement.

When you are being sued, you dont make stipulations. And you dont waste time writing....you call.

Well, I have done the phone call thing before (with same creditor) and it did not go well. I received notice of lawsuit filed. I called the company & made arrangements, via phone.
Nothing in writing. I was told, this was acceptable to them & I didn't have to attend the hearing. Found out when I received the court docket that they had the hearing as I was not there and the Judge said if they could obtain proper verification they could issue a citation for not showing. I typed a letter to the Court and CC'd them with another payment...never heard anything & here I am.

I have ALWAYS kept them informed of our situation. I have a disease which normal meds eat up $150 of my pay each month, not to mention the $50 for the kids' medicines, doctor appointments, labs, etc, etc.

I have put a call into them this morning & will await their return call to see if anything can be done.

when you said the phone call didn't go well, what do you mean?

Who told you that you did not need to be at the hearing? The creditor? If it was the creditor who told you that, sure you don't have to be there, but unless an attorney was there on your behalf, you had absolutely no representation. Anything that happens is completely out of your hands and you have to abide by whatever happens.

please post back about what they say when they return your call (hopefully today!)

What is the name of the collection agency?

there is nothing that you can do if the they hae already gone to court for the garnishment. you should have disputed or went to court when served the first set of papers. the only way to stop the garnishment is to pay in full to satisfy the creditor needs. the court papers may say one amount but your job has to keep taking monies until the creditor says that the debt is paid in full. the are not nice when it comes down to you having other bills.

I'm sorry, but there's some incorrect and potentially damaging advice here.

In most states there are several ways to avoid a garnishment, for instance when the debtor can show she needs the income for enumerated living expenses. This is very much dependent on your individual financial situation and the law of the state in which you live.

You need to speak with a lawyer, if you can't afford one contact Legal Service Corporation to find low-cost or pro bono help. Also, Nolo Press has excellent materials, but bear in mind this is a very complex area of law. If you're willing to put the time in, you can come to grips with it though.

Also, most states have a procedure for setting aside a default judgment on a showing of good cause. Your major health issues may be enough to convince a sympathetic judge. Again, this is a legal problem so talk to a lawyer.

I question why anyone would provide advice in this complex area of law without the proper training. It's unethical.

how can i tell if the wage garnishment papers sent to my human resource dept. are legal or a credit collectors ploy

do you have a copy of them? If you do, it will have the court information on it, you can call and they can verify. Or if you don't have a copy but know which county the case was filed in and then granted, you could call them as they would have a record which they can search by your name.

I went to court when the jugement was entered I was recently sent a final order in garnishment I cant offord to have money taken out I already have child support taken out every two weeks, What can I do about this?

Did they know you are being garnished for Child Support. I thought only one judgment can be ordered against you at a time. They may freeze your accoutn versus garnishing your paycheck.

Hang tight someone will be by to clarify shortly.

Your notification is the Summons and Complaint which is required to be served in most states, do keep in mind that if they attempt the same address 3 times and have good evidence you live there they can then proceed without the service to get a Final Judgment. Also there is whats called subsititute service which can be answered by anyone who answers your door, that is of age. You are notified of a hearing but if you move thats not the courts fault nor if you decide not to show up thats your choice. Once the Judgment is entered in against you they can garnish your wages which is 25% of your take home pay, then they can place a levy on your checking account and lien on your property. There is more they can do but the cost of those proceedings is something that scares most firms away. A creditor must obtain a Final Judgment against someone to submit a wage garnishment. If you have a previous garnishment in place bascially they get in line, and once you pay off one final judgment the other garnishment starts. Yes most creditors will allow you to reduce your garnishment, which is what is called a Stipulation in Garnishment, but you must have document reason for this, such as you only receive SSI, you are the sole provider for 1 or more children under the age of 18 yrs old. Each state is different, and most states have exemptions from garnishments but that is based on the Judge's Decision, but be ware dont always think a Judge will be more nice if you show up to the hearing it doesn't always work out that way. Sometimes it is better to work out terms with the collection agency and or Aty's office that represents the creditor. I hope this helps.

What if they are already taking it out of my paycheck this week, and the hearing is not until March???

In a word, yes, they can enter the garnishment without the hearing.

It depends upon the legal documents and due process during the proceedings. You need an attorney versed in your state law and civil procedure to review the documents.