I recd a notice of garnishment from my employer.

It is true that you should have been informed before they start garnishing your wages. In order to garnish your wages, your creditor should have filed a lawsuit against you and get a judgment against you and you should have received a summons from the court. You should contact an attorney in this matter and take his opinion in this regard.

The weird thing is that there is a hearing date on the summons that was sent to my employer and it is 7/29/2011. How are they garnishing my wages before the hearing? I cant afford to pay an attorney and could use all the advice I can get here. I checked the courts website and the CA has tried to garnish my wages before, the first time it looks like they tried to get a bank account through a bank that I've never had an account, the only other entry says there is a pending garnishment and a hearing is set for 7/29/2011. I have not received a letter or statement from the original creditor or from the company handling the debt now in the past five years or so, much less a summons. I just don't understand how this is legal.

When did they get the original judgement against you?

If the hearing date is really 7/29/2011, then they can't garnish your wages. The judge has not even gone through your case. You should talk to your employer regarding this issue. You should really check the status of the case with court clerk. I know you can't afford a bankruptcy attorney. But still I would advise you consult an attorney once. You need to take legal action action against the company.

Your employer can't do anything about it. Talking to them will do no good right now. They have to follow the court order. You need to petition the court to vacate the judgment due to improper service and/or venue. You were never served therefore didn't show up in court and the creditor obtained a default judgment. The July date is probably a follow-up. Once this is vacated, however, you're going to need to contact the creditor and make payment arrangements. What type of debt is this?

I called the clerks office and the hearing date on what my employer recd is when my employer gives the creditor the money they have taken out of my check. The clerks office said that a copy of the summons was posted on the door to where I used to live and a copy was mailed (doesn't do me much good since they didn't bother to foward to my new address, I even had a fowarding address with the post office).

The date of the original judgement was on 12/04/07. It looks as if they tried to get a bank account at a bank that I've never banked with, but it was denied as there were no funds available. There is nothing on record with the courts office from 12/4/07 - 7/29/11.

Turns out that after 7/29/11 they would need to obtain another judgement before garnishing my wages anymore. I called the lawyers office handling the debt and the lady was very pleasant (I was expecting mean for some reason ;)) and she said to call that day after the hearing and work out a payt plan so they don't try and garnish my wages again. I am going to go the hearing and tell the judge that prior to the garnishment summons that my employer mailed to me I have recd nothing and maybe just maybe what they've taken out my check up until that point will be enough because at that point it will actually be close to what I originally owed when I defaulted. I also asked if it was possible for me to settle the debt for a lesser amount as it is almost $2000 more that what I remember, she said that it's been the interest and fees accruing since I defaulted and that since they've recd a judgement for that amount that's what they need to collect, so maybe after 7/29/11 they might be willing to settle for a lesser amount. All in all the total due is $4400. The balance when I defaulted was around $2500, by July they will have taken $2000 out my paycheck.

Credit card

Actually...IMMEDIATELY goto court and file a motion to vacate for improper venue...the fact is they served the wrong address. Also goto the court hearing and say the same thing. Don't even talk about any payment plans until this company has validated the debt..it is your right. What state are you in? Since the judgment was so long ago you may get lucky and once vacated they would have to completely refile..the account may be out of the SOL.

Actually not improper venue..improper service (unless your old addy is in a different county then where you live now).

The original judgement was 12/4/07. According to several resources the SOL for open ended accounts in Virginia is 3 years. I don't fully understand the SOL though. Is that from the last time I made a payment or from the last time they demanded the total due in full, like when they recd the default judgement back in 2007? There is nothing on the courts website between 12/4/07 and 7/29/11.

It is from when you last made a payment. If your SOL is 3 years then it is likely out of SOL, likely was when they sued you. Definitely go and get that judgment quashed. You have the absolute right to defend yourself.