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    teresa36's Avatar
    teresa36 Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 27, 2008, 08:54 PM
    Nj wage garnishment
    I just received a letter from my employer that my wages will be garnished for a debt that I owe a judegent was won against me and I had been making voluntary payments after the judegment for 1 year I suffered some financial difficulties and could not make the payment on time I informed the creditor that I would be a week late they cancelled the make agreement and file papers with the court to garnish my pay I filed papers with the court to have a hearing to stop the garnishment when I received my court date I went to court and the creditor did not show I was told by the clerk that it was cancelled and to wait for another court day after a month passed I filed paperwork for another hearing sent paperwork certified to the creditors attorney I never received a response from the court a month later my job sent me the paperwork for garnishment I was given no hearing by the court what can I do am I entiled to a hearing
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 28, 2008, 05:51 AM
    Yes, you should be able to get a hearing, if you have grounds for it.
    Remember they have a judgement and if you were in breach of any agreement, even by "ONE DAY" they can use the judgement to garnish your pay.

    So they have a legal right to do this. And you may be going back to court after the garnishment
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Apr 28, 2008, 05:55 AM
    I'm even surprised they gave you a hearing. The facts are they obtained a judgement against you. They were being nice in letting you make payments against the debt. They did not have to do so. And they were within their rights to use the judgement the minute you reneged on the agreement. It matters not that you informed them of the problem and when payment would be received. Remember you have a history with them of defaulting on your obligations.

    I wonder what grounds you have for fighting the garnishment. I don't see any.

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