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Sued by Target National

Date: Wed, 11/16/2011 - 15:55

Submitted by miyo
on Wed, 11/16/2011 - 15:55

Posts: Credits: [Donate]

Total Replies: 3


My mistake of not responding to the court... :(

Just got a notice from my employer regarding garnishment of my salary... $7k owed to a whopping $17,000. The law office won't work with me, and they say that Target will not even speak with me if I call them... my fear of losing my place to live, my car, and other bills is my problem.

What can I do?


well your failure to respond to the summons is really going to hurt your chances here. your best bet is to try to file an objection to the garnishment and ask for a reduction in the percentage that will be removed. you're going to have to prove hardship and give a convincing argument as to why you didnt respond in the first place. even then, you might lose based on your negligence to this point..


lrhall41

Submitted by usernameislame on Wed, 11/16/2011 - 16:19

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Has there already been a judgment entered by the court? Were you served notice of prior legal proceedings, either as to the trial seeking judgment or its execution? Did the court order garnishment as part of their finding?
Was there an additional court action seeking execution of the judgment?

You need to review the court documents authorizing their action. Creditors just dont call your employer and execute garnishment.

There should be no surprise at the time garnishment is executed. It should have been litigated with your knowledge and participation.


lrhall41

Submitted by Lian on Wed, 11/16/2011 - 19:03

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Has there already been a judgment entered by the court?
Yes.
Were you served notice of prior legal proceedings, either as to the trial seeking judgment or its execution?
The last thing I received was "Notice of Renewal of Judgement," nothing about an execution.
Did the court order garnishment as part of their finding?
I'm assuming so :(
Was there an additional court action seeking execution of the judgment?
No, not that I'm aware of.

You need to review the court documents authorizing their action. Creditors just dont call your employer and execute garnishment.
I did receive a copy of the court order from my employer today as the court contacted my employer directly without my knowledge.

There should be no surprise at the time garnishment is executed. It should have been litigated with your knowledge and participation
I had no clue that they were going to execute or even an intent to garnish my wages.


lrhall41

Submitted by miyo on Wed, 11/16/2011 - 19:52

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