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

Answers:

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.


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