Notice of Garnishment

If you can, get an attorney pronto... you mentioned they are faxing court papers..... seems odd have you verified that they are legitimate?

have u been served with court papers. They cannot garnish your wages unles you have been to court. Who is the company that is doing this.

I haven't been served personally with papers, just by mail. The company is Consolidated Financial. I contacted the court directly to see if they have made a claim and the court has record of it - they were the ones who told me to make a motion if I don't agree with it. They keep harrassing my company and are beginning to intimiate my payroll lady with thinking she can loose her job if she doesn't oblige. They keep sending out these documents but how come I have never been served with these papers and no one has informed me of a court date IF the court is aware of these papers?

P.S. Thanks Dawnie for your response.

They may be a fake claim. I would run it by the Court house and see if they have a notice of this and if they do they will have it on file and your court date. This sound very fishy to me.

I called the court house and they do have the information. I would think that if it has been filed at the court house I would have a court date correct? Instead, they keep sending Wage Assignment letters to my work. Am I wrong to assume that once something is filed in a court, it usually means a court date. I gather it is a legit document if the court knows about it. Very frustrated.

I use to work for an attorneys office and they cannot garnish your paycheck until you go to court and that is what the judge ordered. I would hire an attorney to look into this with you.

Thank you very much Dawnie for your advice. I can now tell my payroll department they have nothing to fear considering she thinks by not doing what they ask, the company can be sued. Is it not illegal to fax court documents as a means of delivery?

The only way you can be garnished without going to court is if you were served with the judgement. They normally serve the judgement to your last known address and if someone signed for it and you never received it you will then need to go to court informing them that you never received the original judgement.

Advice,

Go through the following link, it will help you understand the process of Garnishment in details-

http://www.debtconsolidationcare.com/forums/levy.html

JJ, has a valid point here. Have you checked if they are legit or not? Another point I would like to mention here, let the judge decide if they are claiming unfair amount or not. They have to justify their demand as well. So do not worry, the truth will be established.

Smalls claims can only grant the amount of the money that the plantiff is out. They cannot make a profit off of you. The judge can possibly grant, if this was a loan, interest on the amount. You'd have to find out what the LOCAL percentage is for loans in your town.

Regards-
Mike

ahhh it sounds like they may have filed suit, and are attempting your employer to honor a voluntary wage assignment.

JJ,

Can you tell me if they can harrass my employer given that I haven't been served or anything. Regarding these documents that look like a court document (but anyone can get those off of the website), a clerk at the court house told me that there was a claim and to file a motion. I don't know what to do know - do I wait to be served or go down to the office and file a motion - what should I do about them harrassing my work. I just don't understand, the court says there is a claim but I haven't been informed of any court date just this company harrassing my employer for wage garnishment. I am so lost on this situation and advice would help.

Hmmmm, I am not sure what is mean by the terms claim and motion, I would go to the courthouse and get a copy of the claim and then find an attorney to help you. Most attorney's wil give you a free initial consultation or if your income is within limits you may be able to qualify for free legal help. what state do you live in?

I live in Toronto, Ontario. Just so I have this somewhat correct, a wage assignment cannot go through unless they physically take me to court (i.e. I go to court) and not just by sending a piece of paper that was filed out by the company and then signed by a clerk at the court office. I am understanding that a judge needs to make it so - am I correct? Thanks JJ for all your advice!

Confidential Financial looks like a Mortgage company? Since you are in Canada I am not sure how things work.

If the court has records then perhaps they failed to notify you or tapped it to your door and something happened.

At any rate they should not be harrasing you at work. I would definetly look into suing them. They may end up paying more to you than what you owe them if you find a good Lawyer.

The court papers say Consolidated Financial but the loan company is actually Yellow Cash Store.

i recieved a judgement today that looks not real. I havent heard from credit card in years and now they wanta garnish my wage. i dont know what to do

Contact your local courts and see if you can find anything there. Most have records online. If you find something, request a copy of the file and look at method of service. You may have grounds to vacate.

they don't have to notify you in person they don't need to serve you in person. all they have to do is send you a copy of the judgement against you to the LAST KNOWN ADDRESS they have and its done......is your attorney office up to date on things? common knowledge and basic 101 lawyer stuff