fixingwhatbroke Posted August 6, 2003 Report Share Posted August 6, 2003 This is a repost from another forum. Does anyone have any experience with this? I sure could use some advise on my rights and trying to stop a garnishment especially if it will cause a financial hardship. PLEASE HELP!!!!!!!!!! Link to comment Share on other sites More sharing options...
LadynRed Posted August 6, 2003 Report Share Posted August 6, 2003 Either link us to the other thread or fill in the details please Is there a judgment already ?Has a writ of garnishment been issued and served ? Link to comment Share on other sites More sharing options...
fixingwhatbroke Posted August 6, 2003 Author Report Share Posted August 6, 2003 sorry for the lack of info, This is a debt of $1000 to a car dealership for a down payment, I won't go into the hairy details but this was the worst car buying experience in my entire life. They are the reason I started the credit repair process. Anyway, they appearantly got a judgement against me for the $1000 plus fees back in April, I was never notified and still have not seen any court papers about a judgement, its not like they couldn't find me, I only live 5 miles away. So yesterday I received a Writ of Garnishment for $2000 (wtf) plus $217.50 in fees. It was sent to me regular mail and appears to have been filed on 8/1/03, there was also a Challenge to Garnishment form included with the Writ. I have proof that there was only $1000 owed and that they ruind my credit so bad that I couldn't qualify for a home loan. (they made 23 inqs on both my eq and ex reports) I'm not sure how to fill out the form, or how to go about proving that the amount they are trying to garnish my wages for is BS! Any advise or help will be greatly appriciated. Thanks Link to comment Share on other sites More sharing options...
ghacorp Posted August 7, 2003 Report Share Posted August 7, 2003 Actually, there probably was no judgment else you would have been summonsed to court. What HAS happened is they legally went after your wages because they knew you were employed and they knew where you worked, and they obviously can prove or have sound legal basis you owe the debt. The next logical step is to challenge the garnishment due to hardship or other reason. The court may allow a reduction in what they can take. Link to comment Share on other sites More sharing options...
calawyer Posted August 7, 2003 Report Share Posted August 7, 2003 Go to the courthouse and ask to look at the file. Look for the "return of summons" or the "proof of service of summons and complaint". This will tell you how the Plaintiffs SAYS it served you. You can then decide how to proceed from there. Link to comment Share on other sites More sharing options...
fixingwhatbroke Posted August 7, 2003 Author Report Share Posted August 7, 2003 I called the courthouse today and there has been a judgement against me. The clerk told me to come and get a copy of it and to file the "Challange to Garnishment" form that i received with the writ of garnishment. I'm hoping that I will be able to hold them off for a while because this is going to kill me financially. My wife just had surgery and isn't working so we are back to being a single income family and while I make good money its just not enough where we live and them taking 25% isn't going to help me. What should I do after I find out how they served me? Any ideas on stoping the garnishment? Thanks everyone for helping me. Link to comment Share on other sites More sharing options...
LadynRed Posted August 7, 2003 Report Share Posted August 7, 2003 With the proof of service, you may find you have grounds to challenge the judgment based on improper service. If you weren't served in accordance with the laws or they LIED (which does happen), then you have somewhere to start to challenge the judgment. Link to comment Share on other sites More sharing options...
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