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    michele45631's Avatar
    michele45631 Posts: 1, Reputation: 1
    New Member

    Dec 26, 2006, 09:41 AM
    Garnishment hearing
    My husband went to court in January 2003 due to a collection agency known as Asset Acceptance. They didn't show up and the Judge ordered $100 a month be paid to them. We have made the monthly payments faithfully until September of this year. I wrote them and told them he was unemployed and the unemployment had also run out but I would do my best to pay them. I made one payment in two months. I heard nothing at all from them. My husband received a court paper stating garnishment of our joint checking account. I requested a hearing for Jan. 2. I am the only one working and had to open a separate checking account because of their actions. Should I go ahead with the hearing or will the court still be on their side? We've gone from $3000 to $1000 a month income and our bills equal out to $1500-$2000 a month as it is! We were days from foreclosure on our home and they really peed me off with this action! By the way, we live in Ohio if that matters. Any advice would be appreciated. Thanks!
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member

    Dec 26, 2006, 09:59 AM
    You must not have any joint accounts they can garnish, They can only go after his assets if any.

    THe court in 2003 should have dismiss they action if the plaintiff did not show. By their actions he became the plaintiff and that ruling is bias.

    You can file motion to void the judgment for lack of jurisdiction and due process since the plaintiff fail to appear.
    dc10454's Avatar
    dc10454 Posts: 1, Reputation: 1
    New Member

    Dec 12, 2011, 08:37 AM
    I received a judgment for 890.50, which included magistrates cost. In addition, I had expended $41.50, $56.00, and $100.00 for the sheriff to serve her bank account, which were all on the court docket. Unfortunately, there were not enough funds in her account to collect. She requested a hearing to have her levy from her account, I did not attend. But somehow, I believe the release was removed her account. She then in turned sued me for $1000.00, which included a filing fee of $97.50. The total amount owed to her is $9.50, which I did not include my interest. She is requesting $248.50 from me. I didn't include my interest because she would've owed me, and I knew she wouldn't settle. I even offered to pay to have both judgment removed for $10.00 each. She didn't budge. Can I include my filing for the writ of execution(41.50), sheriff fee(100.00 judgment fee(56.00)?

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