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New Member
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Aug 12, 2013, 03:51 PM
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Is this legal? Or can I fight this? If so, how?
A private company is garnishing my checks for a debt my current husband had, ehich was before we were married. In AZ I know that his debts are mone and mine are his, but this contract was signed before we were married. Please help :/
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Uber Member
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Aug 12, 2013, 03:54 PM
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First do not have a joint account an explain to the bank or your work payroll know what's going on.
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Computer Expert and Renaissance Man
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Aug 12, 2013, 04:00 PM
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For anyone to garnish your pay, they must have won a judgment against you. The timeto fight this was at the hearing.
Do you know anything about a hearing on this debt?
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New Member
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Aug 12, 2013, 04:09 PM
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Originally Posted by ScottGem
For anyone to garnish your pay, they must have won a judgment against you. The timeto fight this was at the hearing.
Do you know anything about a hearing on this debt?
I don't recall ever getting a notice of a hearing. I do recall getting the documents from court stating that my paychecks were going to be garnished due to this debt. I recall many years ago they came to my house looking for my husband, I told them I was his wife )not knowing whom they were), he wrote my name down and left. He started adding me to all his collection letters. He did not realize that we had married after my husband had made this Blue Max vacum cleaner purchase. And I don't recall receiving a letter to appear in court, until after the fact. :(
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Uber Member
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Aug 12, 2013, 04:13 PM
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I would get a hold of the court that sent the garnishment papers
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New Member
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Aug 12, 2013, 04:15 PM
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Originally Posted by N0help4u
I would get a hold of the court that sent the garnishment papers
Thank you!
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New Member
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Aug 13, 2013, 09:31 AM
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Once my checks are being garnished, what can I do to get the percentage minimized?
Once my checks are already being garnished, can I get the percentage minimized? Also, this debt belongs to my current husband, but we were not married at the time him signing the contract, can I fight this? What is a motion?
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New Member
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Aug 13, 2013, 04:25 PM
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If they are already garnishing my checks because they have a judgement
Can they also go into my bank account where I am getting direct deposit? Yet judgment is for husband and he is not on my bank account?
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Ultra Member
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Aug 13, 2013, 04:41 PM
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If the judgment is against your husband only, and your are the only account holder on that checking account, than they cannot garnish it. Go to the court and file for separation from this judgment. You are not respondible for it.
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Computer Expert and Renaissance Man
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Aug 13, 2013, 05:29 PM
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Threads merged. Please don't start new threads over the same issue. If you have any follow up post it as a reply to this thread.
The amount of the garnishment is restricted by law. And yes, if they have a judgment against you they can attach your bank account too.
You need to get a transcript of the hearing and find out what happened.
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New Member
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Aug 14, 2013, 09:18 AM
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Originally Posted by ScottGem
Threads merged. Please don't start new threads over the same issue. If you have any follow up post it as a reply to this thread.
The amount of the garnishment is restricted by law. And yes, if they have a judgment against you they can attach your bank account too.
You need to get a transcript of the hearing and find out what happened.
Thank you for your help!
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New Member
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Aug 15, 2013, 12:33 PM
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I went to a hearing today. I went to decrease the amount from my garnishment from 25% to 15%... until I can fille a motion or file separation from this judgment. So when I went up there today, I told the judge first of all I am confused because the judgement states PAC and the name on the hearing paperwork says Capital One. So her and plaintiffs lawyer agreed it was PAC. Then the judge read that besides me getting the amt. decreased I was claiming I was not married to him at the time of contract. She agreed as they noticed that deal was done 10 years ago, and I have only been married to him 6. However, the lawyer said that now because we are married our money is community, therefore, his money is mine and my money is his, so they are garnishing my money because we are married despite of me not being involved in the original contract.
They approved the decrease amount of my garnishment.. but I do want to file something to separate me from this debt.
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Computer Expert and Renaissance Man
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Aug 15, 2013, 12:54 PM
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Not sure you can, based on what you just posted.
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Expert
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Aug 15, 2013, 05:26 PM
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They are correct, you are married to him, so now everything is community property.
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Expert
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Aug 15, 2013, 09:41 PM
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Yes, when you married him, you accepted his debts.
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