What to do about as wage garnishment thatI know nothing about?

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What to do about as wage garnishment thatI know nothing about?

I currently got a letter from my payroll department stating that my wages were going to start being garnished. The letter had the collection agency/case number so I contacted them. They said that I had been served papers (which I don’t remember) and a judge in a county I don’t even live in ordered it. I’ve checked my credit report every month for the past year and nothing about this was on the report. Here’s the kicker – the judgment was ordered 3 years ago and I just received the letter from my payroll now. Now they are saying I have 3 years of interest added on.

Asked on June 13, 2011 under Bankruptcy Law, Nebraska

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok so what you need to do is called vacating the judgement.  The fact that it is as old as it is not a plus for you but nevertheless you can try and do it.  You need to go to the court in the county in which the judgement was ordered and ask the court to allow you to make a motion to vacate the judgement for lack of personal jurisdiction - you were not properly served with the summons and complaint and therefore not able to answer the matter.  Some states require a "meritorious defense" in the matter meaning that if you had been permitted to answer you would have been able to defend your case. ASk for a stay of the garnishment.  Once this is achieved I would then call the creditor and see about negotiating the debt.  Good luck.


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