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doggypile
Sep 19, 2007, 12:14 PM
I'm in the state of Wa. I received an Order of Default Judgment in Jan. and contacted the Attorney listed on the Judgment. There was suppose to be a court date In June and when I contacted the Attorney he said I could avoid the court date if I filled out and returned his questions page with my bank and personal belonging page. I did and also stated I could make payment arraignments with them of $100 a month. They said that was not acceptable.

So this past week, I receive a Writ of Garnishment against my bank. I'm out of a job and have been looking for months. I had nothing in my checking account but did have $600 in savings that I am using for my dental work that is going to be done in the next 2 weeks.

My questions are: Can I claim this money in the savings as exempt due to the dental reasons? And what happens next with the bank garnishment? If I don't have any more money in the bank, what else can they do? As I stated, I did try to make arraignments with them, but they wouldn't even accept the $100 monthly payments. Thank you for your info.

ScottGem
Sep 19, 2007, 12:44 PM
You actually trusted a COLLECTOR? What I suggest you do is file a motion to Vacate the judgment on the grounds that the lawyer misrepresented.

Sure he didn't want you to show up for court because by NOT showing up you handed them a default judgement. A judgement they used to attach your bank account. A judgement they may be able to use to continue to attach other assets.

doggypile
Sep 19, 2007, 01:00 PM
Thank you for the information. I will try to do as you suggested. Very helpful.

brownsugaraj
Sep 20, 2007, 09:21 PM
So what happened, did you file a motion to dissolve or vacate? Please update us.

ScottGem
Sep 21, 2007, 05:13 AM
So what happened, did you file a motion to dissolve or vacate? Please update us.

Um, considering this was posted just 2 days ago, this may be jumping the gun.

brownsugaraj
Sep 21, 2007, 05:27 AM
Why, how long does it take to file a motion?

ScottGem
Sep 21, 2007, 05:29 AM
Depends on how its filed. And there isn't an immediate ruling.

brownsugaraj
Sep 21, 2007, 05:31 AM
I wasn't asking if there was a ruling, I understand that wouldn't be immediate. My question was "if a motion to dissolve was filed?"

doggypile
Sep 22, 2007, 06:11 PM
Sorry I didn't answer. Have been out of town. No I haven't file a motion or have done anything yet. I'm actually going to be speaking with an attorney next week at no charge. Will let you know how that turns out. Thanks for all the info.