View Full Version : Will my checks be garnished
rdent05
Jan 17, 2008, 05:27 AM
I have been ordered by the courts to pay for a service I didn't use. I wanted to know how long will it take in order for garnishment to take affect? Also is there something else I can do so the garnishment of my pay doesn't take place?:confused: :confused: :confused:
excon
Jan 17, 2008, 05:54 AM
Hello r:
You can pay the bill. But, NOW, after you've done NOTHING to stop it so far, it's beyond you stopping it short of paying it off.
If you didn't receive the service, the judge wouldn't have made you pay. Maybe you should have gone to court to tell him. But, you didn't, did you? Okee doakee.
excon
rdent05
Jan 17, 2008, 06:03 AM
Hello r:
You can pay the bill. But, NOW, after you've done NOTHING to stop it so far, it's beyond you stopping it short of paying it off.
If you didn't receive the service, the judge wouldn't have made you pay. Maybe you should have gone to court to tell him. But, you didn't, did you? Okee doakee.
excon
There was never an order to appear in court. :(
excon
Jan 17, 2008, 06:07 AM
Hello again, r:
Now we're getting somewhere.
If you look around this website, you'll find paperwork by mr yet that you can file with the court requesting that the judgment be set aside because you were never served.
If they can't prove they DID serve you, then your judgment will be set aside.
excon
rdent05
Jan 17, 2008, 06:29 AM
Hello again, r:
Now we're getting somewhere.
If you look around this website, you'll find paperwork by mr yet that you can file with the court requesting that the judgment be set aside because you were never served.
If they can't prove they DID serve you, then your judgment will be set aside.
excon
Okay, Thanks so much!! I will defiantly do that.:o :o :o
ScottGem
Jan 17, 2008, 06:57 AM
there was never an order to appear in court. :(
Let me rephrase that. You never received an order to appear in court.
For the court to order you to pay something means there had to be a suit filed. Which means there HAD to be a notice that the plaintiff must have attempted to serve on you that you were being sued. If you never received such a notice, then you can petition to vacate the judgement on the grounds of improper service. This means a hearing will be held where their proof of service will be presented and you you can refute it. Generally, unless they can prove that you personally got the summons, the judgement will be vacated and they will have to refile the suit. You will then have the opportunity to answer the summons with your Intent to Defend on the grounds that you never received the service you are being sued about. This will get you a hearing where the judge will rule for one side or the other.
If you care to explain the full story we can maybe judge your chances.