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Please help, the're garnishing my wages!


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I live in Texas, the garnishment was ordered in Calif, it says there was a judgement in 2004, but it is not on any of my credit reports, and the first I have heard of this is last week when I got the letter from my nationwide employer that Capital One is garnishing my wages, through the sheriffs dept in Sacramento Calif. What in the world do I do about this? I have called and called and called. Is there anything I can do? If some kind soul out there has any info, you can call me 818 268-0386 is my verizon cell number. Thanks in advance.

Jim

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It all seems fishy to me, how can they do this? I did live i california birefly, but the credit card was issued in Louisiana, unsecured as I recall, if it is truely the account I think it is. Garnishment order, stated there was a judgement in 2004, my credit reports have never reported judgements from these creditors or any others, and I checked all 3 agencies last week! No mention of anything......

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Guest mikey
It all seems fishy to me, how can they do this? I did live i california birefly, but the credit card was issued in Louisiana, unsecured as I recall, if it is truely the account I think it is. Garnishment order, stated there was a judgement in 2004, my credit reports have never reported judgements from these creditors or any others, and I checked all 3 agencies last week! No mention of anything......

have you checked the court records online in cali where you lived...

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Guest E. Normis Debtor

It's not fishy, it's known as full faith and credit. A California court order would be valid and enforceable in Texas, therefore the wages are subject to garnishment.

The fact it's not appearing on your credit report means nothing. If this is indeed the first you've heard of anything, I'm assuming that means you were never served in the lawsuit that lead to the judgment.

If you were never served, you could attack the judgment as void and have it vacated.

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Guest E. Normis Debtor
Probably not if it is really 2 years old. Most states have limits on how long you may contest a judgement.

That would only apply to a voidable judgment.

If service was not proper, the judgment is void on its face, not simply voidable. There is no time limit under which a void judgment can be attacked and vacated.

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Guest mikey
That would only apply to a voidable judgment.

If service was not proper, the judgment is void on its face, not simply voidable. There is no time limit under which a void judgment can be attacked and vacated.

E.N.D

to the rescue....lol

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Thank you all for the info, still a little bewildered being so new here, after reading what seemes like an encyclopedia of information. In order for me to attack/vacate and void a judgement I read somewhere here that I have to go to the original courthouse in which it was filed, in this case "Los Angeles Superior court" to file the papers. Long trip from Texas, I feel like the end of the movie "Top Gun", before the rescue comes, this will be over and they will have the $5,000 already garnished from my income. It seems I may be fighting a loosing battle, do they have me by the testicles? It sure feels like it, I think I'm going to go throw-up........

Jim

XXX-XXX-XXXX verizon cell

Edited to take out cell phone #. Not a good idea on the internet. If you want to pass your # to a member, PM them!

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Guest mikey

s.326 Void judgments

Relief by motion is available from a void judgment.

Where the judgment or decree is void as a matter of law, the court has no discretion to act except to give the appropriate relief.

A judgment is void where the court rendering the judgment lacked jurisdiction,

As for example where one party lacked proper notice that the other party applied to the court for a final judgment.

Thus, a judgment is void as violative of due process where the defendant was not properly served with:

A copy of the summons and complaint

Notice of a hearing or trial

Notice of the entry of an order of dismissal

Notice of the entry of an order of incompentency.

Moreover, a default judgment is voidable where the plaintiffs attempt constructive service of process on the defendant but do not strictly comply with the statutory requirements required to obtain jurisdiction over a defendant by publication.

However, a judgment was not void for lack of proper notice where the final judgment indicated that copies of the judgment were mailed to the counsel for both parties and an affidavit filed by the trial judge’s secretary stated that the standard practice was to mail a copy of all court orders to the counsel for both parties, even though the defendant’s counsel denied receiving the judgment.

341 Orders on motions for relief

Relief from final judgments and decrees may be granted upon such terms as the court finds are just.

The opening of a judgment or decree does not destroy the cause of action on which it was based, but has the effect of leaving the case and the parties in the same position that they were in before its entry.

The adjudication itself is destroyed and the other vacating it prevents further reliance on it.

As a corollary to the rule that a court may require restitution where a judgment has been reversed,

The defendant is entitled to restitution of all things taken from him or her under a judgment upon its vacatur by the trial court.

The court ordering such restitution may enforce its order by contempt proceedings.

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Guest E. Normis Debtor
In order for me to attack/vacate and void a judgement I read somewhere here that I have to go to the original courthouse in which it was filed, in this case "Los Angeles Superior court" to file the papers.

Not entirely true. Because a void judgment can be attacked collaterally, you could file suit in a Texas court. However, that's a proposition not necessarily suited for a pro se litigant, and could prove expensive in terms of paying their legal fees if it turned out the judgment was not void.

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Guest E. Normis Debtor
The OP is still a TX resident and TX prohibits wage garnishment for this type of thing. Sounds to me like you need a TX lawyer ASAP. In order to be enforceable in TX, the judgment would have to be domesticated to TX.

I disagree (except for consulting local counsel).

1. There is no need to domesticate the judgment. The sole purpose of domesticating a judgment is that state authorities can only carry out an order issued by a court in their own state. In this case the writ is being executed in CA by CA authorities, not in TX.

2. Texas recognizes foreign state court orders under the full faith and credit clause of the US Constitution, including an order for garnishment.

I do agree with momof5. Local rules providing, a motion to the court can be done by mail. If a conference is necessary, it could be set up by conference call.

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