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Garnishment


Schnauzer12
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My employer informed me today that they received a Writ of Garnishment for a debt that I do owe.  However, the address that was listed on the Writ of Garnishment was the address that I was living in prior (I moved in January) from WA state to Georgia.  I have no problem setting up a payment plan, I am doing that with a few other debts I have (going through a divorce and have a few years of my ex not working).  Is there anything I can do to stop the Garnishment since I was not notified? It was Suttell & Hammer that filed the Writ and the original debt was Cap One and was about $3500. 

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39 minutes ago, Schnauzer12 said:

Is there anything I can do to stop the Garnishment since I was not notified?

The only 2 states I know of that require a consumer be notified prior to garnishing are Florida and California.  GA has no such requirement.  Were you properly served with the lawsuit?  If so, then there is nothing you can do to stop it.  If you were not you can file an injunction to stop the garnishment and then a motion to vacate the judgment for improper service.

 

 

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4 minutes ago, Clydesmom said:

The only 2 states I know of that require a consumer be notified prior to garnishing are Florida and California.  GA has no such requirement.  Were you properly served with the lawsuit?  If so, then there is nothing you can do to stop it.  If you were not you can file an injunction to stop the garnishment and then a motion to vacate the judgment for improper service.

 

 

I don't think I was properly served, I only found out about it today when my employer told me about the garnishment.

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1 hour ago, Schnauzer12 said:

I don't think I was properly served, I only found out about it today when my employer told me about the garnishment.

That presents an entirely different problem.  You need to find out when and where they sued you and how you were allegedly served.  It may be possible to get this vacated but you are likely going to need an attorney most likely in WA where they sued you.  You need to move quickly though.  The garnishment will start before you can get in front of a court to get it stopped.  

Start with a Consumer Attorney in GA that might be able to get an emergency order stopping the garnishment.  Steve Koval or Skaar and Feagle are 2 good firms.  You need to CALL not email.  DO NOT delay.

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