If a judgement is granted in one amount can a garnishment be for a higher amount? 

Question Details:

The original creditor is unknown and is not on the credit report. The judgement on my credit report for $892; the collection agency is garnishing my wages in the amount of $2800.The garnishment amount has $1400 in interest +$ 500 in lawyer and filing fees. Addionally, I never received the summons because the address where I was supposed to be served was foreclosed. I only knew of the garnishment when I looked at my check. Is there anything I can do to stop the garnishment, and is it even legal?

Asked 11/20/2009 under Business | 172 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Business Law Answers

The garnishment, once in place, is difficult to have voided.  I would need to know the date that the judgment entered as you may be able to fight this on the grounds that you did not receive notice and were never properly served with the lawsuit.  in many states there are rules where you can open a judgment and fight it if you were not served properly and less than 4 months have elapsed.  I suggest hiring a lawyer to review all the paper work that you have in connection with the judgment to determine whether there is a way that you can open the judgment on the grounds that you werte never served and had no notice.  Most lawyers will meet with you for free the first time to give you an idea of the chances you have to open the judgment and try to settle the claim to avoid a garnishment.  you may also be able to modify the garnishment.  Speak to a lawyer asap.

Related Business Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com