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Being GARNISHED for UNKNOWN debt from 2000


Charlie23
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Help!!!

I just got a letter today from my employer's payroll provider today notifying me that I am being garnished.

Attached to the notification is a "Final Order in Garnishment"

There are many issues here...

1. I reside in Hamilton County, Ohio...and have since 2002.

2. This judgment comes from Indianapolis, IN.

3. Judgment date: 10/24/2000. At which time I resided in Florida.

4. I don't know the debt AND there is no OC listed on any of the documents.

5. My address on the order is one I just moved from about 45 days ago.

But this is done and they will withhold my income!!!!!

Cornelius and Associates INC DNA Checkcare Systems of Indianapolis C/O Konst is listed as the plaintiff.

"The Court further finds that the judgment defendant is entitled to resident householder exemption provided by I.C. 34-55-10-2".

I don't understand this....

I have never been served Anywhere or anytime for this matter.

I have never received any information on this debt.

This garnishment links to a 14 year old judgment, notwithstanding, what or when the debt occurred or defaulted.

And I assume immediately I am going to lose my income, not to mention standing with my employer!

What do I do?!

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This is pretty involved. Considering the judgment was rendered in another state, more than likely, it would have to have been domesticated to an OH court in order for the judgment to be enforced. Also considering the age of the judgment, it would have had to have been renewed at some point.

There should be a court and case # listed with the order. You could contact the court to get documents, but I'd recommend seeing an attorney.

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I don't understand how they could have even accomplished this...wouldn't they have to demonstrate knowledge of my address to succeed? And it does have my OHIO address. So how could an Indiana judge allow this?

I have no money for an attorney.

I have two pro se wins, but for nothing nearly as seemingly complicated. Everything I had done was at the front end, never trying to undo it from back end.

Feeling an impending heart attack.

Thank you....

Please any advice on how to address a court a 150 miles away....plea for a cease and desist while it is sorted? ??

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Wait...you said to stop enforcement?

There is a statement on document that says "Do not stop payment on checks without contacting the court"

Also, my name listed as Defendent. My company's name listed as Garnishee-Defendent.

Do I need to say something to my company?

Anyone with experience on addressing court at this juncture in process?

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Start by calling a consumer attorney. It is entirely possible you have a similar name to someone else and they simply attached it to you. The other thing is to call the court in Indiana and get copies of EVERYTHING. While they may start garnishing your check now the court holds the funds until the entire amount is collected. You have time to get this over turned and stopped with the money coming back to you. However, you must move quickly and be pro-active.

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Ok meanwhile, I need some info, please...

Regarding INDIANA laws:

Sol on debt

Service of Summons laws

Sol on garnishment of judgment of debt

Debt suits across state lines

Anyone know this about IN?

I don't know what kind of debt it is?

Credit card, utility, ???? I just don't know.

Freaking out.

First calm down. Before you can go jumping on SOL or anything else you need to find out what this garnishment is all about and WHO the creditor is. You need to get copies of everything in the court file.

The SOL varies depending on what the debt is. For written contracts in IN the SOL is 10 years. The OH SOL is 8 years. They had a LONG time to sue you on a debt from 2000. Start with who supposedly sued you and why.

Once you know that the court file will also state HOW the service was performed. If it was defective (i.e. sewer service) then there are a plethora of consumer attorneys who will likely take this case on contingency (no cost to you) and get it set aside and the garnishment quashed.

Debt suits across state lines are possible in limited circumstances but once they got the judgment they only need to domesticate it in the state you currently live to collect and garnish your paycheck. Judgments in IN are good for 20 years and in OH 21 so that is a LONG time to collect.

Checkcare Systems appears to be a company that deals with bad checks and bank accounts. Did you write a bad check to a business or over draw an account and leave a negative balance? That is likely what this is about.

Call the court first thing tomorrow and use www.naca.net and find a consumer attorney in OH to discuss this with. Most will do the initial consult for free.

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Thank you for all of that information. I moved from Indiana to Florida that year. But I closed all accounts (banks, utilities, credit card) prior to leaving. So I'm at a loss. 14 years....I can't even think as to what. But I will contact court and find out.

Hoping I don't lose my income meanwhile. ...I need every penny as it is.

Still doesn't make sense how a court can allow since I don't live there, and they can't know that I was or was not served. How many people get screwed daily over such practices?

I'll update you as I am.

Meanwhile keeping a bottle of aspirin and a brown paper bag near.

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Ok...quick question. ...that's the second time "domesticate it" has come up. I received an order of garnishment from my company's payroll. They said they must comply. So if domesticated it means go through Ohio process...it hasnt...to my understanding. So why is my company complying? Do I need to go through them, too?

This is messed up!

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Slow down, get those court papers so you know what is going on. It could even be I.D. theft, who knows at this point. Are you paying child support or on another judgment? If so, they may have to wait in line to get the money. Check your state BK laws, I think you are certain deductions, not sure, throwing it out there. Also, if you really must and this is for a lot of money (I never saw where you listed the amount) then you could as a pro se file for BK yourself and that will put a stop to it. You should, or may have some options.

Also, as soon as you get those papers go to your nearest legal aide for help or advice if you can get it. You can generally talk to any attorney for twenty to thirty minutes at no or low cost. UNTIL YOU GET THOSE PAPERS YOU, OR US WILL NOT KNOW WHAT YOUR FIGHTING.

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Spoke to the court this morning. Apparently there were 3 returned checks totaling $45. Garnishment totals is $767.91. Also has the potential of $688 of interest being attached to it.

First service was in 9/2000. Judgment made in October/2000. To an Indianapolis address of mine. No one home, copy left.

Second service for payment in 2/2014 to a former address of mine in Cincinnati I did not reside at in 2/2014.

Final service made to another cincinnati address I did live at on 2/2014. Was not home, did not receive.

Court says they have about 20 pages of documents I can get by money order via mail. Court says they have images of checks.

Court says I should call plaintiff's attorney for more information. Court said there is indefinite statute on this ruling.

I don't know more without getting the documents. For all I know at this time, the checks may be mine. That was a window of time I was moving cross country....a lot going on.

Where from here.

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You're all correct....just coming down from the shock and anger of the situation. I am mailing my money order and getting the documents. Will update as I know more.

PS...Does anyone know if I could get a temporary stop on the withdrawal until I have fair opportunity to review (rather how to formally request one). The court clerk didn't give a clear answer on that.

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You're all correct....just coming down from the shock and anger of the situation. I am mailing my money order and getting the documents. Will update as I know more.

PS...Does anyone know if I could get a temporary stop on the withdrawal until I have fair opportunity to review (rather how to formally request one). The court clerk didn't give a clear answer on that.

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You're all correct....just coming down from the shock and anger of the situation. I am mailing my money order and getting the documents. Will update as I know more.

PS...Does anyone know if I could get a temporary stop on the withdrawal until I have fair opportunity to review (rather how to formally request one). The court clerk didn't give a clear answer on that.

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You're all correct....just coming down from the shock and anger of the situation. I am mailing my money order and getting the documents. Will update as I know more.

PS...Does anyone know if I could get a temporary stop on the withdrawal until I have fair opportunity to review (rather how to formally request one). The court clerk didn't give a clear answer on that.

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You're all correct....just coming down from the shock and anger of the situation. I am mailing my money order and getting the documents. Will update as I know more.

PS...Does anyone know if I could get a temporary stop on the withdrawal until I have fair opportunity to review (rather how to formally request one). The court clerk didn't give a clear answer on that.

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You need to contact a consumer attorney.  Often they will review your case, at no charge to you, and if they take your case, you do not have to pay them, the creditor does because they violated the law (FDCPA) and that statute says the violator pays your attorney fees. 

 

It sounds like there could be violations here, suing you where you didn't live and improper service.

 

I have used this firm in Ohio for FDCPA actions, with success:

 

http://www.fairdebtcollectionhelp.com/

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Again, contacting an attorney is not a bad step, but what will you say to them about what happened in Indiana unless you know?  Attorneys do not like their time wasted, I can tell you that.  Time is money to an attorney.  So, before you call one, I would make sure you have your ducks in a row.  Not to mention, you do not yet even know if an Ohio attorney can help you, because the case was heard in Indiana.  Chances are good you would need an Indiana attorney to handle your end.  But you might not need an attorney just yet either.  Let us know when you get the papers from the court and that will tell you what your next step needs to be.

 

I agree, the OP needs to get all the papers and find out exactly what happened.  But, an Ohio consumer attorney can provide leverage if there is a FDCPA violation.  Faced with a consumer lawsuit, the creditor may agree to back off on collecting or vacate the judgment.  Since the OP is now an Ohio resident, a  FDCPA lawsuit would be filed in an Ohio federal district court, so an Ohio lawyer would be needed.

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