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

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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 9 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.


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