wage garnishment without being serve w the judgment... help im a newby

[josnoriega]

A friend received doc for a wage garnishment. he is the only one employed, pregnant wife and 2 kids. He filed to cease the garnishment and volunteered to pay $10 per month towards the debt. it was denied and they want to proceed with the garnishment... the catch... he never received judgment notice. what can he do, very upset

[workingpoor]

he never received judgment notice.

Did he receive a summons and answer it?

[josnoriega]

he received nothing just a notice that his wages were going to be garnished. he replied to that stating he had a hardship and he was willing to pay $10 per month and was denied.

[workingpoor]

he received nothing just a notice that his wages were going to be garnished. he replied to that stating he had a hardship and he was willing to pay $10 per month and was denied.

Who notified him of the garnishment? Was it his employer, the creditor, or the sheriff? Is there a docket number anywhere on the garnishment paperwork? Why did he offer to pay if he claims he wasn't sued? What, and how, did he file to cease the garnishment?

[josnoriega]

an attorney sent him notice. its a best buy credit card an he now works for them. there is a docket# on the garnishment papers and he filed the cease garnishment with the application they sent him.

[workingpoor]

an attorney sent him notice. its a best buy credit card an he now works for them. there is a docket# on the garnishment papers and he filed the cease garnishment with the application they sent him.

So.... the attorney sent him a garnishment order along with a cease garnishment application? I would just fill out the application and see what happens. He's going to have a difficult time convincing anyone he didn't receive a judgment notice considering he offered to make payments on the debt.

[josnoriega]

ok thanks!

[BTO429]

First go to your local court house and see if there is a judgment against you. If there is a judgment let us know and we can help you fight the judgment.

They can not garnish without a judgment.