waitress4 Posted May 23, 2007 Report Share Posted May 23, 2007 hello everyone, I am new at this. I have been going to court over this problem that I have had for 6 years. This law firm has a judgement on me and I am soppose to go to court over a wage attactment for this job but the restaurant is for sale and I quit to get a better job. I called the lawyer and told them that and they said not to go to court because if their is no job there are no wages to attach. I did not recieve anything in mail. If I don'y go will the attatchment automatically go into the next job I get. Or do they have to file every time I get a job. Thanks Link to comment Share on other sites More sharing options...
thomassl Posted May 23, 2007 Report Share Posted May 23, 2007 I'm not a lawyer by any means but if I were you, I would contact your clerk of courts and ask them what to do. You can tell them that you have a court date scheduled for garnishment of wages but you no longer work at facility so would you have to appear in court. It has always been my understanding that they have to locate where you are working to garnishee that employer. Link to comment Share on other sites More sharing options...
waitress4 Posted May 23, 2007 Author Report Share Posted May 23, 2007 Thank you, Do I have to tell this lawyer by law when I get a new job. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted May 23, 2007 Report Share Posted May 23, 2007 Thank you, Do I have to tell this lawyer by law when I get a new job.NO,,.. don't give them anything.. let them find you.. I wouldnt contact them at all unless you are in a payment agreement with them but garnishing wages just looks bad.. why give them any more info.. Link to comment Share on other sites More sharing options...
thomassl Posted May 23, 2007 Report Share Posted May 23, 2007 Thank you, Do I have to tell this lawyer by law when I get a new job.No, let them find it themselves! Don't voluntarily give them anything! There is already a judgment against you, now it's their job to find out how to get the money. The only way they can do this is to find out where you are currently working and I certainly wouldn't tell them! Link to comment Share on other sites More sharing options...
waitress4 Posted May 23, 2007 Author Report Share Posted May 23, 2007 Oh gee thanks you guys. I have always tried to be so honest and I tell them everything and I always go to court for the supplemtry process. I told them I would show them my tax return to show that I don't make enough money. Is that bad? The lawyer told me if I dont show up for court they would arrest me is that true? Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted May 24, 2007 Report Share Posted May 24, 2007 Oh gee thanks you guys. I have always tried to be so honest and I tell them everything and I always go to court for the supplemtry process. I told them I would show them my tax return to show that I don't make enough money. Is that bad? The lawyer told me if I dont show up for court they would arrest me is that true?Owing a debt is not criminal. You cannot be arrested for owing money, if that were the case 80% of this forum would be cybering from prison. That's why your court appearances are in Civil Court. However, if there are court dates, I would show just to be sure no funny business is going down. If you have a job when you appear at court, you have to tell the truth though.EDIT: Claiming that you can be arrested IS illegal. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted May 24, 2007 Report Share Posted May 24, 2007 wow you need a new lawyer .. you can NOT be arrested for this. this is civil not criminal... Link to comment Share on other sites More sharing options...
flacorps Posted May 24, 2007 Report Share Posted May 24, 2007 The lawyer told me if I dont show up for court they would arrest me is that true?This is important. Nobody gets arrested for not paying a run-of-the-mill civil debt. However, when a judgmentholder asks for "discovery" (generally answers to a set of questions called interrogatories and/or production of documents [copies of bank account statements, canceled checks, bills, etc.]) and the judgement debtor doesn't provide it, the judgment holder's next step is a "deposition in aid of execution" which is a meeting under oath where you answer those sorts of questions for the judgment holder's attorney. If you don't go, the judgment holder can go to court for an order compelling the responses. If they get an order compelling responses and that order is ignored by the judgment debtor, the court can issue a writ of bodily attachment (or similar order--and there may be another intermediate step, a "show cause" hearing and ruling), which means that at some point the judgment debtor should be picked up and physically brought to court to answer the questions, and since the court's schedule and the judgment debtor's apprehension by law enforcement might not mesh perfectly, there may be some waiting time in jail. Keep in mind that picking up judgment debtors delinquent on discovery obligations is not a high priority for sheriff's deputies unless the attorney or judgment creditor is say ... the sheriff's brother-in-law.Bodily attachments aren't typical. Typically, a creditor with a judgment is unwilling to expend additional funds to enforce it. A lot of times the attorney is working on contingency (meaning he's charging the client costs only) on the case up to the point of judgment, but once the judgment is rendered the attorney's hourly clock starts to run. Link to comment Share on other sites More sharing options...
waitress4 Posted May 24, 2007 Author Report Share Posted May 24, 2007 I sent my answer to the clerk of courts saying that I did not work at that restaurant anymore and I called the lawyer as well and he said If I dont work there they can't attatch what they don't have my question is I go to court and say I don't work at this place anymore but I work at this place do they have to have a new court date or is it just change the paper on that day . Also I am a waitress and I don't get a big paycheck its like 15.00 . I get all tips how do you attatch that. Its different every week what I make. Its never more than 300.00 though. Thanks I am so confused Link to comment Share on other sites More sharing options...
momof5 Posted May 24, 2007 Report Share Posted May 24, 2007 Waitress,Although they cannot arrest you for a civil debt, once that has been reduced to judgment and they order you to appear, they CAN arrest you for Contempt of Court for not having shown up....a bench warrant is what it is called.Do not worry about your tips. (I actually wanted to laugh about garnishing a waitresses pay! Gee, if she earns $30 a week, they get $10! OOOOOH hurt me! LOL)They cannot garnish your tips. The types of people that creditors (and ex-spouses) have the most trouble with are waiters, waitresses, bartenders, doctors, lawyers and the self employed. Garnishment works only on the first 3 and they get next to nothing! You cannot garnish the self employed (most doctors and lawyers are their own business).This lawyer is an idiot! He is spending a tremendous amount of time and money to collect $5 a week! This is one that is usually labeled uncollectible and left alone. It costs more than it is worth! Link to comment Share on other sites More sharing options...
waitress4 Posted May 24, 2007 Author Report Share Posted May 24, 2007 Thank you so much I feel so much better now. He is a real idiot and he is really mean too. I was on unemployed for a little while and I called them to tell them I was umeployed and he still had me go to court. I showed the clerk my unemployment papers and he said to the person taking the info for the lawyer . This girl is unemployed why are you wasting our time in court. He was irritated. this lawyer told me I was a looser and I had no life and that he was going to take me to court for 20 years and when the sol ran out he would renew and take me to court for life. Link to comment Share on other sites More sharing options...
MadinKS Posted May 24, 2007 Report Share Posted May 24, 2007 This guy sounds like a real A$$CLOWN! Does this sound like FDCPA violations to anyone else? That is ri-damn-diculous that this guy is treating you that way. I would consider talking to an attorney in MA to put this mothertrucker in his place. Do not stand for the abuse that this guy is dishing out. Fight back. If not in court, with your words. Tell him that he can do whatever the hell he wants but you can't get blood from a turnip you sorry SOB. That kind of stuff gets my blood boiling. If you want me to talk to him just let me know. I will surely do that. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted May 24, 2007 Report Share Posted May 24, 2007 If you are in a one party state, get yourself a recording device and call him back to tell him that you are not working and cannot pay the debt right now, or whatever it will take to get this guy to commit these crimes again on record. Link to comment Share on other sites More sharing options...
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