Have my rights been violated if my wages are being garnished without any notice or supporting documentation/information being given to me?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Have my rights been violated if my wages are being garnished without any notice or supporting documentation/information being given to me?

I was sued by a third party credit collection agency for an old credit card debt and a judgment by default was issued 3 1/2 years ago. Then 5 months ago they started garnishing my wages. I live in DE but work in PA. I called my place of employment to find out when this garnishment would be complete since I never received any notification from the courts, sheriff office or creditors. I was informed the by fair trade commission that this is a violation of the fair debt collect action. What can I do?

Asked on September 23, 2011 under Bankruptcy Law, Delaware

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Good afternoon and thanks for posting to our site. I hope I can help point you in the right direction. To get right to the point the creditors do have a right to garnish your wages as they do have a valid judgment. If you have no idea as to the specifics you are entitled to request copies of all court documents and you can contact the creditor as well. If they refuse to provide the information then you have a problem to be pursued further. In addition, if your issue is te validity of the actual judgment that is something you would most likley want to hire an attorney for. They can make a motion to squash the judgement for lack of service, etc depending on the issues at hand. But in short the creditor is within their rights having obtained a valid judgment to pursue collection which includes garnishing your wages.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption