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I recived a paper from winn law group stating that they took me to court and won the case filed agaisnt me when I had no idea I was getting sued. So today I recieved paperwork from court stating that they are going to start garnishing my wages from my previously employer. I havent worked in a year and just started barely working at a new employer a few weeks ago. Im going to be filing for bankrucpy in march of 2015 I dont want them to start garnsihing my wages from my new job and I dont know what to do call them to try to settle the debt get a paralegal or talk to a bankrucpy lawyer help help help

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NO! Try and stay away from them. Just let them try and find you, in the meantime keep no cash in your bank account's, make yourself as collection proof as you can and the minute they hit your bank or employer for garnishment. Then have an attorney ready to file BK, that will stop them dead in their tracks. What your doing is trying to buy time. Time to get ready, even if it means a few months earlier than you planned.

If they find out that your going to BK, they may not believe it as many tell them they will. But, you don't want them trying to hit you hard now. Again, I would say do not contact them, keep an eye on everything and BK as soon as you can. Then you will have peace of mind. They must have gotten sewer service on you. Good luck.

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This is all true that she could possible get it vacated, but to make it simple and the fact that she is filing BK early next year, I was trying to keep it simple. Fact, as soon as garnishment started to hit, she hits them with BK. That will stop it them. The SOL in Calif. is four years. It May or may not have run.

To vacate she will have to go through the courts and start a fight she may or may not want, this makes it simpler. We need Calilawyer in on this one for better advice. Our resident Calif. attorney. Ask him to be sure of what to do.

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I recived a paper from winn law group stating that they took me to court and won the case filed agaisnt me when I had no idea I was getting sued. So today I recieved paperwork from court stating that they are going to start garnishing my wages from my previously employer. I havent worked in a year and just started barely working at a new employer a few weeks ago. Im going to be filing for bankrucpy in march of 2015 I dont want them to start garnsihing my wages from my new job and I dont know what to do call them to try to settle the debt get a paralegal or talk to a bankrucpy lawyer help help help

 

Your screen name says you are in California.  There is a form you can file with the court for an exemption from the garnishment due to low income.  File that and they can't garnish anything until you file BK.  If they start that garnishment you will not get that money back.  

 

Second:  consult a consumer attorney ASAP.  This JDB may have violated the FCDPA by using sewer service since you didn't even know about the case.  If that is so then you can sue them.  Most consumer attorneys do an initial consult for free.  Use www.naca.net to rind one.  Speaking with them should put your mind at ease.

 

No matter what DO NOT ignore this as TomnTex suggested because that will make things far worse.  It is 7 whole months until March and that is a LONG time to try and keep your assets protected while ignoring the JDB hoping they go away.

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I recived a paper from winn law group stating that they took me to court and won the case filed agaisnt me when I had no idea I was getting sued. So today I recieved paperwork from court stating that they are going to start garnishing my wages from my previously employer. I havent worked in a year and just started barely working at a new employer a few weeks ago. Im going to be filing for bankrucpy in march of 2015 I dont want them to start garnsihing my wages from my new job and I dont know what to do call them to try to settle the debt get a paralegal or talk to a bankrucpy lawyer help help help

Before they garnish wages, you should receive a copy of an Earnings Withholding Order (form WG-002) from your current employer. If you do, you can fill out a Claim of Exemption (http://www.courts.ca.gov/documents/wg006.pdf) and Financial Statement (http://www.courts.ca.gov/documents/wg007.pdf) and send them to the sheriff or process server who issued the Earnings Withholding Order (the levying officer)- don't file with the court. 10 days later, the garnish should be off. Unless the creditor opposes your claim ....

In my opinion, a better option would be to get the default vacated. The code is CCP 473.5. You'll need:

- Notice of Motion to Set Aside Default Judgment

- Memorandum of Points & Authorities

- Affidavit showing the lack of notice wasn't caused by your "inexcusable neglect or avoidance of service"

There are probably examples on the board. You'll also have to submit your proposed answer (general denial), including any affirmative defenses. I'd strongly consider including a cross-complaint. You'd likely qualify for a fee waiver.

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If I had a default judgment against me and wasn't served; my first step would be to get the judgment vacated, then I would want them to pay for the abuse of the legal system. I would try to file a suit against them, or at least a cross complaint if they continued to pursue it after it was vacated.

 

If you weren't served; it probably wouldn't be too hard to get this vacated (see String's post #6). Look your name up on the court website or go to the clerk and pull your case file. Find out if they filed a "proof of service" and see what it says.

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Looks like your getting some advice now. Sorry I couldn't be of much help before. I was on the road and then sitting in airports on my way to Hawaii. I was not getting the best signal on wifi during the trip. I am in Hawaii now for a month and will check in now and then to see how it's going for you. Good Luck. I was raised in Calif. But except for filing BK there my self over 40 years ago I can't help on current things.

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