What can I do about a garnishment ifI was never served notice of having to appear in court?

There is a collection agency that is currently garnishing my wages. I had no idea until I looked at my check stub. I called the agency and they claimed that I was served 9 months ago to go to court. I was never served. They said they couldn’t help me and that I would have to contact the court. I’ve been trying to contact the judge but no one ever answers the phone. I tried writing a letter and email. So far there is no response.

Asked on November 8, 2011 under Bankruptcy Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your wages are being garnished over a judgment against you where you believe you were never served with the notice of the wage garnishment, you can bring a motion in the court where the judgment is to have a stop on the garnishment.

You will have to file a motion to do this. There are forms online that can be used as a template to assist you. Also, your county bar association may have a clinic to assist people like you in such matters. Or, you can consult with a debt collection attorney as to how to resolve the situation. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.