otot

Wage Garnishment - Unifund - Kenosian and Miele

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Hi All,

I went into work and got a notice from my payroll that my wages are being garnished via Unifund with the help of Kenosian and Miele. I did search the forums and read some threads on Unifund/KenosianMiele but nothing specific to wage garnishment. The debt is from 2006/07, court case is from 2013, I was never personally served but I think my parents received it through FedEx--at that time I was away at college. In the past few months my phone was blowing up with robot debt collectors, all claiming to be from a "firm" regarding an "urgent" matter. I answered one of these calls and when I asked for specifics like account # or last time card was charged they couldn't provide any information other than my address; so I thought the calls were bogus. I didnt think anything of it since it was clear they didnt have much information but when reviewing the EWO, the debt was exactly what the collector claimed over the phone, and now my wages are being garnished next month.

I wanted to see if there is anything I could do? I've read other posts talking about filing a motion to vacate default judgment or just calling up Unifund to work something out? I've included the court case details that i obtained from the San Bernardino county website. I have a copy of the suit but not sure which parts to post or if i'm able to do anything about it. 

Any advice is greatly appreciated!

BTW, The closest forum I found to my issue was below, but let me know if there is a better thread: 

 

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6 hours ago, otot said:

I was never personally served but I think my parents received it through FedEx--at that time I was away at college.

Serving your parents MAY have been sufficient.

6 hours ago, otot said:

In the past few months my phone was blowing up with robot debt collectors, all claiming to be from a "firm" regarding an "urgent" matter. I answered one of these calls and when I asked for specifics like account # or last time card was charged they couldn't provide any information other than my address; so I thought the calls were bogus.

More than likely the calls are coincidence to the timing and are bogus.

6 hours ago, otot said:

I wanted to see if there is anything I could do?

Consult a good Consumer Attorney NOW.  You do not have much time and if there is any hope that judgment can be vacated you are going to need a lawyer to do it.  

If an attorney tells you that it is not possible to vacate the judgment after all this time or that service was proper then you can offer a lump sum settlement to them and see if they will accept it. The problem is now that they have a garnishment order they know they can get ALL the money via that method so your settlement options are not going to be as cheap.

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Thanks for the advice! i'm meeting with a NACA attorney on Saturday.

I have another question, my employer provided me with the EWO but I noticed there were pages missing. For instance, form WG-002, -003 and -007 are missing their second page (these are all 2 page forms). I asked my employer to provide ALL the pages because I noticed pages were missing and I especially wanted to see the second page of WG-003 since it explains how to file for an exemption. My employer said those were the only pages they were given by the sheriff. I wanted to know if thats something that may be important to mention when I meet with the credit attorney? Also, does it matter if I didn't receive the entire order?

Here is a link to the california law that states an employer must provide ALL pages within 10 days of receipt: https://www.ftb.ca.gov/online/Court_Ordered_Debt/earnings.shtml

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