I received an Earnings Withholding Order (at my place of employment) that will start 04/01/2011. The monthly amount is over $800.00 and my rent is $897.00. I did not know there was a court case filed, I did not receive collection notices from the Plaintiff, I was not served, the EWO is in my maiden name and at an address (a PO BOX) that I haven't gotten mail at for three years. What is the fastest and easiest way to stop the garnishment? These are a few suggestions I gotten and a few steps I've taken:
Claim of Exemption, filed with the levying officer (currently in process)
Appeal the order (currently in process)
File a motion to stay the judgment pending outcome of a new trial or appeal
Of File a motion to dismiss, based on the facts that I can prove I didn't receive any notification of this case. I'm in the state of California, I'm married my husband's out of work ( his unemployment ran out last month), I have a two year old and I'm 8 months pregnant, therefore I am the only supporting my a family of four. Please help, thanks... : )

I would start with a motion to set aside the default judgment and to quash the EWO. Only if that is denied would an appeal be likely to succeed.

If they served you by mail at you last known address (the POB), they should have filed a receipt, signed by you. I wonder how they got around that requirement.

That sounds like a good starting point. I would like to clarify the process, to ensure I file the motion correctly. I would compile a "Motion to set aside default judgment and quash Earning Withholding Order", prepare a declaration as to why and file it where the original case was heard. I would also need to serve the motion to the Plaintiff and provide proof of service? Does that about cover all my bases? Since I already filed an appeal, should I submit a request to abandon the appeal?

I stopped a garnishment once by setting up a payment arrangement through the court clerk. It was very simple and I was able to pay a small fraction of what the garnishment was originally set for. It was just a matter of going into the clerk office, speaking with someone, setting an amount, they called to notify the debtor and I signed a paper. I then made my payments through the clerk's office until I paid off the debt.

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Originally Posted by tleegreene

I stopped a garnishment once by setting up a payment arrangement through the court clerk.

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First, most court clerks won't do this. Second there is no indication that the OP believes the debt is valid.

The motion to vacate the judgement on the grounds of improper service it the route to go.

Is the term "vacate" interchangeable with "set-aside"? I went today for an ex parte for a motion to dismiss the judgment based on improper service and a few other points. The judge denied the motion, stating that my motion was improper. The judge told me to file a motion to set aside the default, serve the other party and make sure I didn't wait until my six months had expired to file the motion. I'm in California does this scenario coincide with your suggestion? Thank you for your time.

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Originally Posted by Mon3ydrama

That sounds like a good starting point. I would like to clarify the process, to ensure I file the motion correctly. I would compile a "Motion to set aside default judgment and quash Earning Withholding Order", prepare a declaration as to why and file it where the original case was heard. I would also need to serve the motion to the Plaintiff and provide proof of service? Does that about cover all my bases? Since I already filed an appeal, should I submit a request to abandon the appeal?

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Yes, that's about right.

The appeal isn't going to go anywhere without your briefing it, and even then, I can't see your prevailing on this fact pattern. So you could dismiss it. The only hesitation I have is that, if your motion is not granted for some reason, you could try to use the court's refusal to grant the motion as an additional basis for an appeal. And it could be that the time in which you must file an appeal (usually 30 days or so) would have run by then.

Sounds like the court wants you to make sure of the form. So you either go to an attorney or try to find someplace to help you draw up the motion. Try a local law school. Many have clinics that can help you draw up paperwork.

I have the correct format for the motion, it was the type of motion I filed and because I didn't serve the Plaintiff that my motion was denied. I just wanted to get clarification on the two terms I've been presented with "vacate" and "set aside". All the law dictionaries I've read indicate that "set aside" leaves the door open for a new trial (which I don't want) and "vacate" is more commonly used by the appellate court. Would you be able to clarify which of the two terms I should use in my new motion? Thanks.

If your grounds are improper service, then you are not going to get away without a new hearing. From my knowledge, vacate means the action never happened. So what usually happens is the plaintiff serves you before you leave the court and the process starts anew.