Oh no.. Garnisment Notice..

[merkurfan]

This is on a debt I refuse to pay. Some history, early 01, I was sued for 33,000 on a comerical lease I defulted on. They said they served me, but didn't and mailled everything to an old outdated address. They sued for the duration of the lease but re-lease it with in 30 days of my vacating the building. Catch is, I never knew about it until 2003. It was to late to do anything about, so I dodged their collection efforts for about a year and they stopped.. Well, they are back at it agian. I just got a letter for "Garnisment exemption, notice of intent to garnish" I would not be to worried about it, but some how my current employer was listed on TU for about a week (it's since been replaced by a old, out dated employer) the CA that holds the account now reports to all 3 so they likely know about it.

I've said in another post that I've quit a job to dodge a garnishment before. And if I must to survive, I'll do it again. However, I like this job, and while I am in a field where I could have a job tomorrow someplace else, good empolyers are hard to find. Short of a bankruptcy I assume there is little I can do to stop a garnishment once they find my employer correct?

[LadynRed]

Pretty much, yes. However, you CAN appeal a garnishment, but you'd probably have to show that the garnishment would create an undue hardship for you.

[merkurfan]

I could not find anything in my states laws that said anything about a appeal. I'm bearly getting by now as my wife was put on bed rest and had to quit her job during the last 3 months of her pregnantcy.

[Optimus_SubPrime]

It's too late this time, but in the future you could assign your wages to a third party, such as your wife. Then they would no longer be yours to garnish.

Minnesota has some quirky laws regarding wage assignment. You need to renew it every 60 days, your employer has to sign off on it, and (unfortunately, in your case) any assignment of wages done after receiving a garnishment exemption notice and within ten days prior to the receipt of the first garnishment is void.

You could still try it, and see what happens. But if you end up having to move on, this is one way in which you could keep your next job and avoid garnishment.

I could not find anything in my states laws that said anything about a appeal.

You can't appeal a garnishment, but you can file a motion to dismiss the garnishment if the creditor hasn't followed the law in some way, like failing to serve you with a copy of both the exemption notice and the garnishment summons.

I don't believe it's too late to do anything about that judgment, based on what you said here. Minn. RCP Rule 60.02 allows you to file a Motion for Relief From Judgment for "any other reason" with no deadline. Never having been served is a good reason. If you file a Motion for Relief, Rule 62.01 allows you to request that the garnishment proceedings be stayed while the court considers your motion. If they grant the stay, you could legally assign your wages.

[merkurfan]

well, it might not be to late. While I got the exemption, I have never got a garnishment summons. The one time they levied my account, I did not get anything from them until after they had done it. They have never come after my wages before. And my employer has not recieved anything yet. (I have not told them to expect anything, but I would hear about it if it arrived). I will call the court house and get the records from the case. I did get some stuff from the CA a long time ago and remember seeing something submitted to the court during the case that said "If we are able to rent the space to a new client (name of client) we will want 5000.00 (roughly)" they did rent it to the people named, and they are still in the space. that would also be grounds for a motion of some sort would it not? I don't have a problem with paying the back rent, and the rent for the time the space was empty. But getting rent twice on the same space? I know that is aginest the law in Minnesota.