stressedwithanxiety Posted December 16, 2020 Report Share Posted December 16, 2020 We received a continuing writ of garnishment against salary or wages from our local court house. It came in the mail, it was not served to us and we were never served anything telling us we had a court date so were not able to even defend ourselves to show that this particular debt was several years old or that we didn't owe that much. We live in Florida and the SOL is 5 years. I cannot remember off the top of my head if it has been more than 5 years since our last payment with the original creditor (Rausch is suing for Jefferson Capital, not the original creditor). We cannot afford much of anything since Hurricane Michael hit and I lost my job, then my son was diagnosed with a chronic illness the following year, and now COVID. We are willing to pay on this debt just to get all this crap to stop and get everyone to leave us alone about this stupid car that we willingly relinquished and the company sold again. However, they are not willing to take what we have told them that we can manage a month and, of course, are asking for more than what we think we actually owe on the vehicle after it was sold (the original creditor also tried to get us to pay more than what we should have owed them). What can we do at this point? Also, my husband is an owner operator (contracted truck driver) he does not make regular wages and already has a garnishment on his wages for child support that is through child support enforcement (I read somewhere that could make a difference on garnishments). I need to know what we can do at this point to keep them from going as far as trying to garnish from our bank. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted December 16, 2020 Report Share Posted December 16, 2020 4 hours ago, stressedwithanxiety said: We received a continuing writ of garnishment against salary or wages from our local court house. It came in the mail, it was not served to us and we were never served anything telling us we had a court date so were not able to even defend ourselves to show that this particular debt was several years old or that we didn't owe that much. You need to move FAST. First go to the court and get copies of EVERYTHING in the file including how/when you were supposedly served. If they didn't properly serve you then you need to get a lawyer to file immediately to vacate that judgment. That will stop everything including the garnishment. DO NOT delay in this. You can go to Consumer Attorneys to find a consumer attorney who can help you with this ASAP. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted December 16, 2020 Report Share Posted December 16, 2020 4 hours ago, stressedwithanxiety said: I need to know what we can do at this point to keep them from going as far as trying to garnish from our bank. Get your money OUT of the bank. Once it is in there it is subject to levy. Quote Link to comment Share on other sites More sharing options...
stressedwithanxiety Posted December 18, 2020 Author Report Share Posted December 18, 2020 On 12/16/2020 at 1:19 PM, Clydesmom said: You need to move FAST. First go to the court and get copies of EVERYTHING in the file including how/when you were supposedly served. If they didn't properly serve you then you need to get a lawyer to file immediately to vacate that judgment. That will stop everything including the garnishment. DO NOT delay in this. You can go to Consumer Attorneys to find a consumer attorney who can help you with this ASAP. Apparently we have none in my city. Thank you for the help though. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted December 18, 2020 Report Share Posted December 18, 2020 Even if there is not a consumer attorney in your city, look at the list for the one closet to you and contact them. Attorneys practice based on state, not city so an attorney in another city that is in your state's bar can practice in your city, even if their office is not there. 1 Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted December 18, 2020 Report Share Posted December 18, 2020 14 minutes ago, WhoCares1000 said: Even if there is not a consumer attorney in your city, look at the list for the one closet to you and contact them. Attorneys practice based on state, not city so an attorney in another city that is in your state's bar can practice in your city, even if their office is not there. THIS. You can do a consult by phone. Even if they can't come to your court you can ask for a referral to a local colleague who can help you. 1 Quote Link to comment Share on other sites More sharing options...
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