View Full Version : How to file a motion for granishment of my bank account and dissolve judgement
bootyou12
Aug 24, 2010, 03:10 PM
I recevied a granisment of my bank account today it, I would like to know the steps to file a motion to dissolve the garnsihment and the judgement? It say something about 20 days from the date I got the notice which will be the 27th can someone please help I onlt have a few days I think.
cdad
Aug 24, 2010, 03:13 PM
Do you know why you have received a garnishment? Did someone get a judgement against you that you weren't aware of?
bootyou12
Aug 24, 2010, 04:46 PM
Yes, there was I know nothing about it it was done in 2007
cdad
Aug 24, 2010, 05:03 PM
Then fight it from there. If it was a legitimate debt but illegal service then you can fight it that way. You need to get as much information as you can.
bootyou12
Aug 24, 2010, 05:28 PM
What do I do I just go downtown and let them now I want ti file a motion? And for what the judgement or the garnishment or both??
ScottGem
Aug 24, 2010, 05:32 PM
What you need to do is file a motion to vacate the judgment with the court that issued the judgment on the grounds of improper service. Also to rescind the writ of execution served on your bank.
But this is only a delaying tactic. If you can show that you were not properly served, the judgment will be vacated but you will be properly served before you leave the courthouse. If this is a valid debt, then the judgment will, eventually, be re-entered. So, if you do get it vacated you should try to negotiate a settlement with the plaintiff.
bootyou12
Aug 24, 2010, 05:46 PM
@scottgem that was great help will do in the morning, so I just go to the court where the judgement was filed tell them I want to fle a motion to vacate a judgment? And rescined
ScottGem
Aug 24, 2010, 06:14 PM
Yes, they may or may not help you prepare the motion. It depends on the court. Some courts are more formal in requiring motions follow a specific form.
bootyou12
Aug 25, 2010, 05:27 AM
@scottgem thanks I am going today.
ScottGem
Aug 25, 2010, 06:12 AM
Good luck and keep us posted.
bootyou12
Aug 25, 2010, 08:25 PM
They would not help me and I coud not figure it out don't know what I am going to do. When I got home from work today a had a letter from the attorney for the people that have the garnishment and it was a non suit letter that they signed and one wanted me to sign. Do know what this is or if they is doing this because I had no money in the acct it was over drawn and is this a good thing?
ScottGem
Aug 26, 2010, 03:28 AM
Without knowing what the letter said, I can't tell. If they couldn't get enough money from your bank account, then they may garnish your salary.
You never answered whether this was a valid debt or not.
Also what EXACTLY did they tell you at the court?
bootyou12
Aug 26, 2010, 06:59 AM
I went yesterday and could not figure it out. So I might have to get a attorney cause the clerks office would not help. Today I received in the mail a letter for non-suit one where the plaintiff signed and one for me to sign and take to court and send them bk a copy. Do anyone know what a non-suit really does cause it says something about dismiss?
bootyou12
Aug 26, 2010, 07:08 AM
Sorry I did not see your post before I sent the other one, but the dedt is not right it was my truck but they repoed it for one car payment and I tried to get it back but they wanted me to pay for the intire truck which was about 10,000 so I could not. Trying to get 9,000 out of me and I know they resold that truck cause nothing was wrong with it and I had it only a year.but the letter says plaintiff's notice of non-suit post judgement garnishment... tcc plaintiff, hereby gives to this court notice and to all parties to the suit that tcc is taking a non-suit of its garnishment cause against jp morgan chase and garnishee and tameka that's what there's says my says it dimissed but gives them the right to reinstate same
ScottGem
Aug 26, 2010, 09:31 AM
Hmm, that sounds like the suit was dismissed. I would check to see if there is a nearby law school that runs a clinic. Many do and you can get a law student to read and interpret that letter.
As to the debt. If you default on your car loan, even one payment, they can repo the car. If they repo the car they sell it at auction and should apply the proceeds less costs, against the balance of the loan. If the sale is not enough to cover the loan (and it usually isn't) then you are still on the hook for the balance. So, while the amount may be in question the debt isn't.