Well, is my time now...Jugement not properly served....

BTW, the CA is Daniels + Norelli....

Ok. Did some search and have couple of questions answered. Now, I assume I have to go to the court where the judgment was issued in order to file a motion for vacate judgment???? I can't go to my own county court to do that??? Also, after reading up on the motion of vacate judgment sample, who is the plaintiff in this? The CA or the original creditor?? Thanks.

You need to go to the court where the judgment was granted. If it is too far away you can call them first to find out what you need to do.

I don't know how cross state judgments work...they could only garnish the amount that is allowed by your state (NY) but they are trying to garnish out of a non-garnishable state so they might find opposition to that when they try and execute it..but I am not sure.

Whatever you do contact the court that issued the judgment and find out how you can get it vacated and find out if you can file a quick motion or whatever by fax or send it overnight if you have to, to temporarily put a stop on the garnishment order while you get the judgment vacated.

Thanks golden. Who is the plaintiff in this case? CA or the original creditor? I will call the court on Monday to see what I need to do to file a motion to vacate judgment.

Oh I'm sorry I forgot to answer that question :)

You need to call the court and find out who is suing (who the client of the lawyers are) and go from there. Dealing with the CA or even the lawyers right now is a moot point...you need to take care of that garnishment order and the judgement THEN you can deal with the company..they very well may try to sue you properly this time...but be ready..send the company a DV before they can file...so they can't act surprised when you motion for discovery ( if they put in for a continuance to get the proper paperwork, object to it and show the DV letter, obviously you were already asking for this info, they should have come prepared.) The judge may or may not grant it, but at least you tried. :)

Thanks.

Some updates. I just did an electronic search of my case. It looks like a judgment was entered against me 2 years ago, not 2 months. Plaintiff was Chase Legal Department. The judgment was issued at the right county. Now, this wage garnishment notice was issued from a Marshall in another county. His name is Martin A Bienstock. The notice is telling me to make payment payable to him....

Can I still get this judgment vacated? Can I claim that I never receive the summon because I used to live in that address with my parents. My parents are still living in that address.

Did you live there when the case was heard? Did you live there when papers were served....you need to get the court record for that case and see the method of service and who it was served on....I am not sure where you would go after this, if the summons was legit, you may be stuck with the garnishment.....if the garnishment will make it impossible for you to live, then you need to look into what you can file for hardship, or whatnot....I don't know exactly how you would do it, but the government I don't think will let you be without means.

Thanks Golden....About the percentage wage garnishment....do I have to challenge the dollar amount they claim they can garnish even though the garnishment stated in the notice is beyond 10%???

Tell me if this is the right course to take??? Sorry for asking all these questions.

Call my local court clerk to verify how the summon was being served. Do I need to go there in person to find out?? I certainly didn't remember having someone coming into my house and giving me this summon. Or receiving any certified mail. Then, I will file for a motion for vacate judgment due to improper venue. My question is who would be the plaintiff to try to refile again? Chase or the CA?? It was Chase who had a judgment against me back in 2007.

In case I couldn't vacate the judgment or the plaintiff manages to get another judgment against me, should I just let them to garnish my wages? I made about $1100 per paycheck, biweekly, after tax. 10% of that would be $110. Per month, I lose about $220 of my paid. It looks like it is cheaper than making some sort of payment arrangement with the CA. At $220 per month, it would take 5 to 6 years to pay off the debts. I seriously doubt that I would be with this company for another 3 years. How long the garnishment would last? I read that there is a time frame (every 60 or 90 days) in which the creditor has to refile for wage garnishment.

I just want to sort out every option before calling the court on Monday.

Has your employer been served with the order of garnishment? I think they have to be given time to set it up.

Why are you suppose to Martin A Bienstock? Was he the attorney, County employee, who?

He may have just searched court records and found the judgement has not been served and is trying to scam some money.

Send him a DV letter and make him prove his claim to the money.

If Chase got the judgement then you should be paying Chase.

Not yet since I haven't gotten any notice from the HR department. I did some search and this Martin person is supposedly a city Marshall in another county. He has a PO Box address. I can actually go his county court and try to get in touch with his person. Maybe working out a deal with the payment in my favor of course.

I agree with Cellular. I would get more information before you set up arrangments about anything.

A sleazy CA will claim anything to get money from you.

When I was garnished no one called me. I knew there was a judgement and three months later I got papers from my employer

Some other thoughts. If the judge granted me the motion to vacate the judgment, who (Chase or current CA who bought my debts) would answer it?? Obviously Chase would be required to show up in court to prove their case. Since they sold my debts to the current CA, would they show up instead.

If Chase sold the account, then they are out of the picture. They could have also sold the judgment (I think though the CA may have to sue again because judgments are not transferable...but I am NOT sure..I heard this somewhere..so research that.)

Once you get the judgment vacated you would send the DV letter to whoever has the account now.

You know..I am still kinda sure that judgments are non-transferable, and something doesn't sound right here, since when do they CALL you about a garnishment? You should call a lawyer and ask them about it, many will talk to you and answer simple questions, you should ask if judgments are transferable and if a garnishment has to have a court hearing before they can be put into effect...oh you may also want to check your state laws on how much they can garnish..many states that garnish allow them to garnish 25%, not 10%.

Tell him to produce the copy of the original contract front and back) which he wont be able to. Sue him for acting out of office as a "income executioner" for a corporation instead of a Sheriff who is suppose to uphold your constitutional rights. Sue him for as a Sheriff (Officer or law) not allowing you Due Process. Sue him for taking the Oath as an Officer and allowing a court to Sue you without Due process. Sue his Attorneys for Fraud. They signed the document which he served to you. If No one can produce the copy of a contract between you and Martin A. Bienstock or that Third dept trash collector... you sue everyone of them in their private and personal capacities. They are Leeches and a heavy steel toe shoe always works.