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Asap Got a judgement from LVNV and now they are trying to garnish my wages . What do I do?

Date: Thu, 05/27/2010 - 12:07

Submitted by anonymous
on Thu, 05/27/2010 - 12:07

Posts: 202330 Credits: [Donate]

Total Replies: 3


Please help. I have had this debt since probably 05. I had a credit card life happened ect. I tried to make arrangements to pay 25 to 50 dollars a month or atlease pay less than what I owed and they always denied. I didn't keep good records because I had never dealed with a company so dirty. I got a summons. I thought it was fake. Stupid I know. Then I found out they won a judgement against me last year. I have left it alone due to the fact that I simply don't have the money to pay. Then two weeks ago I get a letter from the old attorny that they had dropped my case and I would no longer work with them. Not that I had anyway. But then today a new attorney letter from a different firm also stating thet the old order had been amended and writ to garnish wages!!!! I never got a new letter from this attorney so how in the heck did they do this to me and this is confrimed through the court and my job has gotten a letter to. What do I do at this piont please? Tell me its not to late. I don't know what I'll do if I have to pay out more than I am now. I have two kids and alot of doctor appiontments. One has food and other allergies and the other is only 11 months. Thank you for any help.


Unless you have some ground to appeal the judgment, or can show that the garnishment is unfair, then unfortunately it is too late. Unless you were improperly served, i.e. no process server came to your house and delivered the summons, then given the facts you've stated, you don't have grounds to appeal. And even if you were improperly served it may be too late. This is something I highly recommend discussing with a lawyer in your state. There is a good free legal resource at www.lawguru.com
Once a company gets a judgment in their favor they can get an order allowing them to garnish wages. And companies do occasionally change the law firm they've retained to represent them. The good news is that every state (and the federal government) has enacted limitations on the amount that can be garnished from each paycheck. The amount taken out of your paycheck will not be more than 15% or 30X the federal minimum wage. Again, you should talk to a collections lawyer in your state.


lrhall41

Submitted by OVLG Attorney on Thu, 05/27/2010 - 12:15

( Posts: 511 | Credits: )


Quote:

Originally Posted by OVLG Attorney
Unless you have some ground to appeal the judgment, or can show that the garnishment is unfair, then unfortunately it is too late. Unless you were improperly served, i.e. no process server came to your house and delivered the summons, then given the facts you've stated, you don't have grounds to appeal. And even if you were improperly served it may be too late. This is something I highly recommend discussing with a lawyer in your state. There is a good free legal resource at www.lawguru.com
Once a company gets a judgment in their favor they can get an order allowing them to garnish wages. And companies do occasionally change the law firm they've retained to represent them. The good news is that every state (and the federal government) has enacted limitations on the amount that can be garnished from each paycheck. The amount taken out of your paycheck will not be more than 15% or 30X the federal minimum wage. Again, you should talk to a collections lawyer in your state.


With the second lawyer I wasn't given anything until today the amendment to garnish my wages and a claim of exemption and request for hearing. I'm npt really sure what that is. They are saying they can take 25% of my wages. When I called the lawyer he said his letter got returned and that he could still make payment arrangements with me but I'm not sure what to do.


lrhall41

Submitted by on Thu, 05/27/2010 - 13:13

( Posts: | Credits: )