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    Lisa021's Avatar
    Lisa021 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Oct 14, 2011, 05:58 PM
    Writ of garnishment but never received any hearnig dates?
    My employer deducted a large amount of money from my check. When I called them they said that I had a writ of garnishment ordered by the court. I was very surprised since I was sure I did not owe anybody any money. They gave me a phone number. It was a law firm. When I inquired about the garnishment they explained that it was for a ticket given for a property I own. Soon I found out that ticket and all correspondence was sent to the wrong address. The wage deduction notice still had a different address. I've been working for the same company for several years now and my address (on all records and driver's license)has not changed for the last 17 years. Why did my employer failed to see that. I need to fight this wage garnishment order. A judgement by default has been taken against me. Where do I begin?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Oct 14, 2011, 06:20 PM
    You start with a motion to vacate the judgment on the grounds of improper service. The writ will list the court to file in and docket number to list on the motion.

    If you can get it vacated, they will serve you properly before you leave the court. But you will get back what was deducted. You can then either fight it or make a settlement.

    By the way, don't blame your employer. They had no choice but to honor the writ.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 14, 2011, 06:52 PM
    Agree, the place you work has no ability not to honor it, even if it shows a wrong address,

    You will need to show that you never lived at the address listed, BUT? The address listed, do you own it ? Is it the property where the ( I assume code violatoin happened)
    Lisa021's Avatar
    Lisa021 Posts: 2, Reputation: 1
    New Member
    		  
    #4

    Oct 15, 2011, 01:43 PM
    Fr Chuck,

    The address listed is not my property. It's not where the violation happened either. The address where the notices were sent is an address very similar to my home address. The notice to appear in court for the wage garnishment had an address I never heard of in the other part of the city.

    ScottGem,
    Thanks so much for giving me hope! Can't wait for Monday to start the motion to vacate the judgement.
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