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    thisreallysucks's Avatar
    thisreallysucks Posts: 2, Reputation: 1
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    #1

    Apr 21, 2008, 07:24 PM
    Non periodical garnishment
    Today I received a letter from my bank showing that they received a court doucument for a non periodical garnishment of my account. However I have moved and I had to change accounts since lasalle makes you have an account in your state. So they were unable to get any money. However I never received information that they were going to court to do this. SHould I Have?? Also since the judgement was in MI can they get to my account in IL?? I think the reason they had my account was because I worked with creditsolutions to help with my debt they talked to this creditor and they came up with a payment plan. On that payment plan I had to put my account info and job info.THough every time I tried to make a payment like I was told it never went through and the creditors would never talk to me. I was also told that they would drop the case but they didn't since we came into an agreement. Though now I have moved since I lost my job and currently am taking care of my grandparents. So recieveing little money from a waitressing job so I can pay my student loans. WHat should I do I can't have them clear out this account or I am screwed.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Apr 21, 2008, 07:29 PM
    Welcome to AMHD. thisreallysucks writes: " However I never received information that they were going to court to do this. SHould i Have???" Most likely, yes; there is a provision of law in my state for 'pre-judgement garnishment'; it is rare.

    The MI judgment can be 'domesticated' in IL, and the creditor can use the full measure of the law to collect. I believe you need an account in a bank the creditor knows nothing about. What about an internet bank? You can deposit your check by scanning it to the bank.
    thisreallysucks's Avatar
    thisreallysucks Posts: 2, Reputation: 1
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    #3

    Apr 21, 2008, 09:10 PM
    So can they find out about my other accounts? Do I they have to give notice to me that they are filing in court to do a nonperiodical garnishment towards me? I know I Have moved but I haven't hid where I have moved to. The bank that sent me the writ sent it to my old address but I still got it thanks to the good ol post office. So if the creditor was trying to contact me they would have forward that on as well. Also another thing I noticed on the writ they didn't have my new address and also had a phone number as mine that Never has been or anyone I know of. SOOOO What should I do next. Anyone dealt with this. SHould I call the creditor. MInd you its not the compnay I had my first debt with. What are my options??
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #4

    Apr 22, 2008, 05:45 AM
    I don't believe a creditor has any way to find out about your other accounts. In most cases you will receive a notice (affidavit, summons, etc.) of the garnishment; the garnishment is a suit against your bank (or employer). Your mail may or may not get forwarded; if you left a forwarding order with the PO, it remains for twelve months. An envelope marked "service correction requested", or something to that effect, will get forwarded and the sender will receive a card from the PO showing your new address. If the account is in the hands of a collection agent, you should deal with it. If you make payments, do so by money order; but keep your receipts, showing account number and date of payment.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Apr 22, 2008, 05:56 AM
    Quote Originally Posted by thisreallysucks
    However I never recieved information that they were going to court to do this. SHould i Have??? Also since the judgement was in MI can they get to my account in IL???
    This sounds like you were aware that you had a judgement against you. If so, that was your notice. You will never be notified about a writ of attachment being issued against an asset until after it is served. However, if you were not aware of the judgement in the first place, you might be able to have it vacated on the grounds of improper service.

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