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Judgement in Washington


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I had a judgement awarded against me by Discover in 2010. I didn't show up for court because I frankly didn't think it was real, which was stupid of me. I just received a registered letter with a writ of garnishment that had a date that I had 28 days to respond within for exemptions. They mailed it when it had only 4 days left on this 28 days and I didn't pick it up at the post office for another 6 days beyond that. Do I have any recourse there? Is it worth filling in the forms and sending them in?

Also, I opened this account long before I was married, the paperwork does not have my husband's name on it, just "DOE I and their marital community composed thereof." I defaulted after our marriage but the balance due was almost exclusively charged before our marriage. Other than our upside-down home, the only thing of value we have is a fairly expensive car, which is paid off, that is in both our names. What are the odds they will try to take this?

One last item of note, this appears in the records on my case: JUDGMENT ON ANSWER OF GARNISHEE DEFENDANT $5.00. In the paperwork just received it says I made a payment of $5 last year, which I most certainly did not. Are they just figuring on me ignoring all of this and saying whatever they want? Can I use this lie to help me out in any way?

I don't have money for a lawyer so I'm on my own with figuring all this out. All help is appreciated, sorry this is so long.

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By law they can take 25% of your take home pay. Where you really run into exemptions iis for bank accounts. That is where you can have student loan money, money from disability payments, other court ordered payments, ect...

If for some reason you have other exemptions that would be applicable for wage garnishment, I don't see the court not letting you argue them, even after the deadline.

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Thanks for the reply! I currently have no income of my own and my husband's is through workers comp, which would be exempt when I get the paperwork in. I've been a stay at home mom for the last few years but was planning on going back to work since his injury anyways. I'd prefer to set up a payment plan through the court once I do go back to work (is that an option?), rather than have a garnishment that any employer would know about, especially trying to get a job in this economy.

I'm mostly worried about them cleaning out our bank account before I can get this all figured out, or them going after the car, which would kill my husband. They've already tried our old bank, but there's nothing there to take, har har, so they apparently don't know where our (little bit of) money currently is.

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Keep in mind you must answer honestly at the time of the question. Unlike some discovery where the request is ongoing and you have to update as you get new information, this is not one of those cases.

Also to set your mind at ease just a little, they can't ask you in an interview if you will have a garnishment order on your pay. Also they can't fire you for having one garnishment. They can for two or more, but your protected by Federal Law if you get garnished.

If your not working right now, I would send them back nothing. You don't have any exemptions because you have no income via a paycheck to exempt. Just answer what they ask and don't read anything into it.

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