How can I stop a Wage Garnishment???

One of my clients contacted me with a question about how to deal with a Summons to come to court on a Wage Garnishment and I figured I should share.

Question:

From Ms. V

It's been a while since we've spoke. I need your help on something. I just received a notice for a wage assignment on an account from 1995. It is an old Target account that was paid but I don't have the supporting documents. I have a letter from Macy's that my Marshall Fields account was paid but not the Target account. What is my recourse with this can it be stopped. The court date is 9/16/2009. What do you suggest?


Answer:

It takes some effort but its worth it. Based on my experience with this issue there are 3 options I'm aware of. 1) Find out when the initial judgment was set against you. The new Summons should tell you when the actual judgment was passed. 2) Find out what address was used to serve you your initial Summons by contacting the attorney's name on the court appearance. 3) You can offer a Compromise to Dismiss if neither of the other options pertain to you or if you just want it to go away and can afford it. To my knowledge (keeping in mind I am not an attorney), these are the only circumstances I know of that you can use to take control of this situation.

Here's how it works:

Option 1:
Part 1 - If it was less than 12 months, you can have the case reopened. It will cost less than $200. If you prove a hardship they'll waive the fee. They'll give you a court date. Part 2 - In court tell the judge this account was paid in full and was connected to your Marshal Fields account which is now Macey's and that you have never received any other bills. Then pull out your proof that your Macey's account was paid in full. If they say you're wrong and still owe money, Part 3 - ask them for proof in the form of the last bill and contract. If you know this account was closed more than 5 yers ago, also let the Judge know it is past the Statute of limitations and demand a trial immediately. Part 4 - The judge may offer to let them (the attorney) request a continuance which means you'll have to come back again. If that happens you'll be forced to wait and demand trial then.

Option 2:
Part 1 - Find out what address they used to send the Summons to for the initial Judgment. Part 2 - If it was not an address you resided in within the last year, you'll need to have a copy of your lease or proof of new residency and ask that the case be re-opened since you were never properly served. Part 3 - Then when you go to court you need to go through the remaining argument using the same one from Part 2 - 4 from Option 1 above.

Based on my experience with these issues it is the judge will rule in your favor provided either Option 1 or Option 2 pertains to your situation and the wage assignment will be null and void.

Option 3:
If neither Option 1 or Option 2 pertain to you or you have the money to make it go away, I believe an easier reolve would be (I could be wrong, you'd have to consult an attorney for the best advice) to Part 1 - offer a compromise to dismiss. This is to contact the attorney for the account and ask them if you make a lump sum payment of (X) amount of dollars will they dismiss the whole case, judgment and all. Part 2 - Provided they're willing to send it to you in writing, you agree to send them the negotiated amount within 7 days.

These are the only options I am familiar with for which each one has helped the client get the information removed from their credit report. Remember I am always praying for your success. The next call is yours.

Let me know if you need anything else and As Always, Be Blessed,

CC