Author Topic: Just got a garnishment order, never been to court.  (Read 1505 times)

0 Members and 1 Guest are viewing this topic.

hs29fan

  • Valued Member
  • Posts: 10
Just got a garnishment order, never been to court.
« on: September 06, 2016 08:06:49 PM »
Hello all,
     Just received a garnishment order from McCullough Payne Haan & Nader.  It's for an old Barclay's account that was written off years ago.  Here's two twists.  1.  They came to my pace of work and tried to serve someone else with the garnishment order.  I work for the goverment but they tried to serve the order to another entinty.  We have a non-profit foundation that helps run the museum.  2.  I have NEVER heard from this CA or the courts.  I have filled out the defendants answer sheet and will enclose a letter stating the about facts. 
    Is there anything else I can do now?

Thanks

Clydesmom66

  • Valued Member
  • Posts: 2030
Re: Just got a garnishment order, never been to court.
« Reply #1 on: September 06, 2016 09:39:15 PM »
What state is this in?

You need to go to the court house and get copies of EVERYTHING that is in that court file.  Until you know how they claim you were served and when this all went down you cannot possibly begin to fight this.
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

CleaningUp

  • Valued Member
  • Posts: 10406
Re: Just got a garnishment order, never been to court.
« Reply #2 on: September 06, 2016 10:59:30 PM »

They don't have to serve the garnishment order on you.  They don't even have to tell you about it.

Clydesmom66

  • Valued Member
  • Posts: 2030
Re: Just got a garnishment order, never been to court.
« Reply #3 on: September 06, 2016 11:16:23 PM »
They don't have to serve the garnishment order on you.  They don't even have to tell you about it.

In some states they do.
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

hs29fan

  • Valued Member
  • Posts: 10
Re: Just got a garnishment order, never been to court.
« Reply #4 on: September 06, 2016 11:28:27 PM »
I am in Georgia, they have a docket numbr.  I have been served before, won some, lost some.  But, was served every time.  Thanks for all of your responses.
« Last Edit: September 06, 2016 11:32:55 PM by hs29fan »

Clydesmom66

  • Valued Member
  • Posts: 2030
Re: Just got a garnishment order, never been to court.
« Reply #5 on: September 07, 2016 12:39:56 AM »
I am in Georgia, they have a docket numbr.  I have been served before, won some, lost some.  But, was served every time.  Thanks for all of your responses.

Yes, but were you served on THIS suit?
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

hs29fan

  • Valued Member
  • Posts: 10
Re: Just got a garnishment order, never been to court.
« Reply #6 on: September 07, 2016 01:00:44 AM »
No, not this one.  Plus, this is an admendment to a docket number from 2015.  Plus, this notice was deliered by USPS (not certified or anything) from the CA not the court.  This whole situationis weird!

Clydesmom66

  • Valued Member
  • Posts: 2030
Re: Just got a garnishment order, never been to court.
« Reply #7 on: September 07, 2016 01:40:27 AM »
No, not this one.  Plus, this is an admendment to a docket number from 2015.  Plus, this notice was deliered by USPS (not certified or anything) from the CA not the court.  This whole situationis weird!

Get down to the court (Magistrate?) and find out how they claim you were served on the suit and when this case was adjudicated.  Until you know that it is harder to start fighting it.

This is a legitimate law firm not functioning as a collection agency.  It appears they were hired by the creditor to garnish you.  You might consider sending a letter CMRR to the firm stating you were never served on the original suit and you are going to be seeking to vacate the judgment based on improper service.  DO NOT delay acting on any of this because once they start garnishing it gets that much harder to undo.
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

CleaningUp

  • Valued Member
  • Posts: 10406
Re: Just got a garnishment order, never been to court.
« Reply #8 on: September 07, 2016 02:17:35 AM »
The onus to clear the "not being served" is on the debtor.

Clearing judgments like this are a real problem.  Check, too, the state laws and cases regarding the vacating of judgments.   Actions usually must be timely.

And, Clydesdale, tell us which states require the serving of an execution order on the judgment debtor.  IOW, citations, please.

Clydesmom66

  • Valued Member
  • Posts: 2030
Re: Just got a garnishment order, never been to court.
« Reply #9 on: September 07, 2016 02:23:18 AM »
And, Clydesdale, tell us which states require the serving of an execution order on the judgment debtor.  IOW, citations, please.

Tennessee for one.  We just had a post on another forum from someone who got notice from the court of a request for garnishment and their process to contest it and provide the court with exemptions.

Florida also does because they allow for a head of household exemption and poverty exemptions if earnings are below the Federal poverty level.

Your arrogance is boring.  You like to name call and spout rantings as fact and are nothing more than a cyber bully who figures if you shout enough everyone will simply believe you because you talk the most. 
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

hs29fan

  • Valued Member
  • Posts: 10
Re: Just got a garnishment order, never been to court.
« Reply #10 on: September 07, 2016 08:00:01 AM »
Thanks, a quick google search turns up that they are a JDB.  They also have numerous complaints on JD cases.  I will be going to the court as soon as possible.  Plus, I haven't had a credit card in my name in more than 6 years now. 

kevinmanheim

  • Valued Member
  • Posts: 11504
Re: Just got a garnishment order, never been to court.
« Reply #11 on: September 07, 2016 12:37:01 PM »
I have filled out the defendants answer sheet and will enclose a letter stating the about facts. 
    Is there anything else I can do now?

Thanks
What did you write in the letter? Did you admit to the debt?

If this is your debt, you are not going to have much success getting rid of the debt even if you vacate the judgment. They will serve you the summons in open court and move for summary judgment.

Bruno the JDB Killer

  • BANNED
  • Posts: 14304
Re: Just got a garnishment order, never been to court.
« Reply #12 on: September 07, 2016 01:27:06 PM »
You need the court file, it could be a name mixup.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

hs29fan

  • Valued Member
  • Posts: 10
Re: Just got a garnishment order, never been to court.
« Reply #13 on: September 07, 2016 07:05:19 PM »
No, it was a form to say why I could not be garnished.  It was in the court papers the lawyer sent yesterday.  I did include a letter stating that I had never heard from the la as yer, never had a chance to defend myself in court.  Never did admit to the debt.  Just mainly saying I didn't get a day in court to defend myself.
    I will going and getting the court file on the original case and the garnishment tomorrow.

Flyingifr

  • -DEAN EMERITUS-
  • Valued Member
  • Posts: 8483
  • Welcome to my Temper Tantrum
Re: Just got a garnishment order, never been to court.
« Reply #14 on: September 08, 2016 03:02:32 AM »
Tennessee for one.  We just had a post on another forum from someone who got notice from the court of a request for garnishment and their process to contest it and provide the court with exemptions.

Florida also does because they allow for a head of household exemption and poverty exemptions if earnings are below the Federal poverty level.

Your arrogance is boring.  You like to name call and spout rantings as fact and are nothing more than a cyber bully who figures if you shout enough everyone will simply believe you because you talk the most.

Arizona is another one. The debtor must be notified of the impending garnishment and be notified of their right to contest the garnishment or mitigate it with exemptions.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)