Scaron Posted May 1, 2007 Report Share Posted May 1, 2007 Well, I'm in need of some advice here just to set my mind at ease at least. I've been Garnished Twice by a local law firm and what they have taken is my State Tax Refund. They took it from 05 and 06. Now I had moved and didn't receive the summons to appear in court but, apparently it took place and a judgement was set against me and a WRIT of Garnishment against any State Tax refunds that I would receive. As I mentioned they've taken it twice and now I find out that they have contacted my employer for confirmation of my address and other basic questions (probably my income as well) My question is can they get and 2nd Writ and this time against my Wages or is there going to have to be a 2nd judgement placed in order for that to happen? I'm going to fight this but, I'm interested to find out about this.Thanks Link to comment Share on other sites More sharing options...
rella5 Posted May 1, 2007 Report Share Posted May 1, 2007 chances are they not only can re-new the garnisment but may be required to after a certain amount of time has passed. I'm not sure about what info they can legally request from your employer other than to serve them with the garnishment. Link to comment Share on other sites More sharing options...
Scaron Posted May 1, 2007 Author Report Share Posted May 1, 2007 They have renewed the Garnishment twice on my Tax refund but, what I'm curious to know is if that can submit 2nd or new WRIT against my wages? The judgement and WRIT that has renewed twice was only against my Tax refund with no mention of wages. Also, my employer said what ever form she filled out was just basic with no mention of any intent and I have received no letter from them stating that they were going to do anything any different than what they've already done. As a matter of fact I received another "pay now and you'll get half off the debt letter" (which I'm considering) but, no mention of anything further. The only other thing that I can figure the form may have been for is that I did move when they sent the summons and other letters so, I didn't receive them and I'm wonderring if the state has given them a tough time releasing the refund to them without some kind of address verification. Link to comment Share on other sites More sharing options...
unusualsuspect Posted May 1, 2007 Report Share Posted May 1, 2007 Basically the judgment creditor can garnish anything they want-- tax refunds, wages, savings accounts etc. They just serve the writ of execution on the state and the state has no choice but to comply. Your employer also has to comply with a writ of execution-- if not the employer can be held in contempt. Link to comment Share on other sites More sharing options...
MadinKS Posted May 2, 2007 Report Share Posted May 2, 2007 You might want to find the link to the online court dockets calendar for your old county and watch it closely. If they don't serve you where you live now, at least you can see if your case is coming up and act on it. May save you from being really screwed by them. Hope it helps and good luck. Link to comment Share on other sites More sharing options...
Scaron Posted May 2, 2007 Author Report Share Posted May 2, 2007 You might want to find the link to the online court dockets calendar for your old county and watch it closely. If they don't serve you where you live now, at least you can see if your case is coming up and act on it. May save you from being really screwed by them. Hope it helps and good luck.I looked online and at this point nothing is there; my employer also mentioned that what they sent wasn't a WRIT but, just a basic form asking about my employment and the length I've been at my current address.... is that legal? Now I'm not going to take that as good news but, my guess is they are going to use it as leverage. The reason why i say that is they're still trying to settle the remainder for half off. Link to comment Share on other sites More sharing options...
MadinKS Posted May 2, 2007 Report Share Posted May 2, 2007 From what I understand it's legal for them to seek information about you, they just can't disclose you owe a debt unless they're garnishing and they have the proper paperwork to back it up. Sounds like they're gearing up. Be on the look out. Link to comment Share on other sites More sharing options...
buckeyechick1219 Posted May 2, 2007 Report Share Posted May 2, 2007 When Discover obtained a judgment against me, they first served a writ of garnishment on my bank accounts. When the bank account was closed, they issued a writ of garnishment to my job. When they found out the company had moved and I no longer worked there, they didn't attempt to garnish anything else, but that's not to say they wouldn't have now that I'm out of college and have a full-time job. I was never notified of any action, besides the initial filing of the papers and the finding of the judgment against me. Link to comment Share on other sites More sharing options...
unusualsuspect Posted May 2, 2007 Report Share Posted May 2, 2007 From what I understand it's legal for them to seek information about you, they just can't disclose you owe a debt unless they're garnishing and they have the proper paperwork to back it up. Sounds like they're gearing up. Be on the look out.Be sure those were actual court papers that were filled out and not from a lawyer/CA. If they were from a lawyer/CA that could be violating your privacy. Link to comment Share on other sites More sharing options...
Scaron Posted May 3, 2007 Author Report Share Posted May 3, 2007 Be sure those were actual court papers that were filled out and not from a lawyer/CA. If they were from a lawyer/CA that could be violating your privacy.I'm gong to try and fight this because, not only were the original summons served improperly (sent improperly via wrong address and even if they had the correct they expired before they even reached me) but, I think they've had issues getting what they have garnished released to them. I can't see on any statements where the $1100 that was garnished from last years tax refund and this years tax refund was applied to my balance; according to my state tax return they said they would release my returns to them but, all the court documentation doesn't reflect the address I've been at for almost 3 years. Would the form I submit to the court be a garnishment objection or a judgement objection or both? Link to comment Share on other sites More sharing options...
unusualsuspect Posted May 4, 2007 Report Share Posted May 4, 2007 File a motion to vacate the judgment. Be sure that you also ask for injunctive relief when filing your motion too. You'll need good grounds to file but if it's been more than 6 months since the judgment has been entered you may not be able to file (check state law-- I'm going off of the state of CA law). Link to comment Share on other sites More sharing options...
Scaron Posted June 27, 2007 Author Report Share Posted June 27, 2007 Well, it happened...... my former (yes former) employer was issued a WRIT of Wage Garnishment and with good fortune I just left them for a much better position with another company. Now I know just because, I missed the bullet there that doesn't mean that they will stop collection attempts but, what I think is going to work in my favor is that my former employer informed them that I was terminated. With that I have contacted the collector to ask them for a lower settlement. Do you think this may work? At this point they believe I'm recently umemployed and perhaps because, of their collection attempts. At least I've implied that. This is why I'm seeing if they will accept the lower settlement.The other question I have is that my current employer is based out of state and that includes payroll so, would they be able to submit a WRIT to my employer out of state? Link to comment Share on other sites More sharing options...
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