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Home > Law > Small Claims   »   Paycheck Garnishment

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Old Sep 19, 2007, 04:19 PM
ecarl1234
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Paycheck Garnishment
I was wondering if anyone has successfully stopped a paycheck garnishment. I was served 2 weeks ago for a bill from 2004, and a service that I do not recognize. I explained this to the company and they said they hear that all the time. Do I have a right to demand some sort of information about the debt before a garnishment is ordered. Do they have to stop the process if I demand information so I can research? I am a resident in Oregon.

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Old Sep 20, 2007, 03:02 AM   #2  
mr.yet
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A Garnishment can only to issued from a judgment against you. Did you go to court for a summons? Where is served notice of a claim against you?
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Old Sep 20, 2007, 05:13 AM   #3  
ScottGem
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As Mr Yet mentioned, a garnishment order has to be issued by a court. Before that happens the plaintiff has to sue you and obtain a judgement against you. Did you receive any such summons? Did you go to court to defend it?

The time to get proof of the debt was during the hearing or between the summons being served and the hearing. Once the judgement was entered its much harder.

To help further we need to know the history of what went down here.
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Old Sep 20, 2007, 05:23 PM   #4  
ecarl1234
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I had been served at work, then I called the company to inquire about the past due bill. They could only tell that it was from a providence medical. I have not been served before so I really did not know what to do. I asked for the information so I could look into it and they said they would send it. They never did, I waited, I called, next thing I know i was served garnishment papers. The original notice did not have a court date on it, shouldn't I have been notified of the court date?
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Old Sep 20, 2007, 06:04 PM   #5  
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No. The summons if you check it, probably says that you needed to respond within x days (probably 30) of service of your Intent to Defend against the suit. A court date is only scheduled if you file your Intent to Defend with the court. Since you only contacted the creditor and not the court, a default judgement was entered against you. Armed with the default judgement, they were able to get the garnishment order.

You can try to get the court to vacate the judgement, but I'm not sure what grounds you have.
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