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Found out yesterday from a solicitation letter from an attorney who wants to represent me that I have BIG TROUBLES. Evidently, I have been sued and my employeer is being served with wage garnishment papers. I have recieved nothing in writing letting me know this was even taking place until yesterday! I have moved about every 6 months over the past 3-4 years and they claim letters were sent to some of the old addresses. I knew I owed this company, but did not know they were taking any type of actions to collect. I have been unemployeed on and off, and have actually been paying other debts when employeed. I neglected this one because there was no indication they were pursuing it (unlike some of my other bills..obviously not wise). The loan was also smaller than some of my other debt ($1600 left on an orignal $2600 loan) so I thoug there was less chance of being sued for the smaller amounts vs. the larger debts. Through many phone calls, I have learned that the loan was turned over to a CA and an attorney (who is on vacation) from another agency (?) is involved. I did speak to a horrible man at the collection agency (probably a mistake) who informed me the amount owed was now over $3K and refused to fax or mail me paperwork on the amount. I also have no paperwork from the court, who over the phone told me the judgement was for $2800. Can all of this legally happen without me being notified in writing? Do I need an attorney at this point? I actually have money which was going to be used to pay another debt, so I could pay the $2800. However the CA man told me they would turn around and sue me for the remainder of the "new balance", that amount of which I don't have. I feel like this went from no activity to worst case scenerio overnight...literally! Could anyone give me some direction on what approach I should take? THANK YOU ANYONE!!!!

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Sounds to me like you could get your judgment vacated if you were never served. Check some of the other posts here to see how it is done. Once you get it vacated, you can remove it from your credit report and stop the garnishment.

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Thanks for your response. I have been doing research on getting this judgement vacated and have encountered more problem. In order to file a motion to vacate, I obviously have to file paperwork. This judgement is in TN...I live in CA. The court claims I have to come to the courthouse and pay a fee to get the documents. Really??? It does appear that each state has different document layouts, but is there a way for me to get these without flying all the way back to TN? I'm hoping there is a general form that will be adequate in any state, and that I can mail it with a check for the filing fees. I am really trying to avoid an attorney, as it will greatly increase costs. But I am beginning to wonder if this will be possible considering I no longer live in that state. If I can get this vacated, would it be resonable to go back to the original lender and settle, without the involvement of the CA, attorneys, etc...? Could I do that now or has it gone too far? I did inquire today as to why I was not served with papers informing me of the legal processes that have been going on for months. They claim they attempted to deliver paperwork...to my parents address in which I have not lived for 10+ years!

Nothing was officially delivered or signed for so I am assuming I can still continue with a motion to vacate. Thank you so much for your assistance and for this website. It is a wealth of knowledge!

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I have learned today that the papers served to my employeer were actually a judicial attachment. After more calls/research I believe this means my wages are being held until I sign this attachment and get a court date(??). Evidently a judgement has not yet been filed and the money they withhold from my check at this point will not be paid to anyone until I go to court. I was told by a court clerk that I could eliminate the whole matter by going to the lenders attorney and paying the amount owed. At that point, the case could be dismissed (?). The attorney is now quoting me $3500+(last week it was $3000 on an original $1600 debt). Once an attorney is involed, is it too late to go to the original lender and offer payment to them? Also, I have requested a copy of the original promissory note from the lender via fax and have not received it. There is a CC involved, but they are not listed on my credit report and I am told the legal documents do not mention them. At this point, do I need to officially validate the debt and if so, through who...lender? CC? both? Thanks again for your help!

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I think validation is out for you. I'm not sure how they can withold your wages without a court order, this sounds pretty weird to me.

But if they are offering to dismiss this judgment, I'd do it if at all possible. Offer them less than what the judgment is for (I'd start maybe $2000-$2500.)

Kristy

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