wage garnishment or bank account garnishment?

trmpldonagn · #1 Mar 6, 2008, 07:30 AM

Hello. Where do I start? I was looking up my name in my local county court records because I'm paying off a debt of 800 plus interest that I do NOT owe.

I saw that a judgement was entered for 10x that amount for a voluntary repo on a lease vehicle back in August of 2002. Luckily, I was in the time frame to at least file a motion to vacate the judgment. I called the lawyer handling the case and basically waved my hand and said, "Here I am." I found out that I do owe the remainder of the payments. I asked them if they wanted to just garnish it from my pay and they say that wouldn't be a good idea.
I'm confused here. I DON'T owe the $800 judgment against me but I'm agreeing that I owe thousands and they're not working with me.

I am still waiting to hear from the court on a decision to at least vacate the judgment or appear in court. The only thing I would argue is the amount. There is a big difference between what they are coming up with and what I am coming up with as far as owing them.

Can they just freeze my bank account without notifying me?

I did give them my correct address because they did not have it. I'm asking because I still don't know why they didn't just agree to take 10% from my weekly pay at first (before I found out there was such a discrepancy between what they say I owe and what my records show.) I am in the state of NY.

Thank you very much and I'm sorry this is so long. I'm new with the site. Thanks again.

progunr · Mar 6, 2008, 08:09 AM

Yes they can freeze your accounts because they already have a judgment.

I would check to see what they show as proof of service of the original notice of the suit? The clerk of court where the judgment sits can get this information for you.

If they did not get legal service, you can motion to vacate and dismiss the judgment due to
lack of legal proof of service.

If they have legal service, you are stuck. Your chance to argue over anything ended the day you failed to show up in court.

Unless you have enough in the bank to pay off the judgment, you will most likely be garnished as well.

Good Luck.



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