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tonyglove1 · Aug 28, 2008, 10:49 AM

My current wages are garnished by more than 60% of my income for child support. I barely make it on that. Now, my ex-landlord is trying to garnish my wages. First of all, I was never served for a court hearing. I got my paycheck and there it was! After child support garnishment, I was left with $504 net pay. My company then took out an additional $270 leaving me with less than 20% of my gross pay which was $1275 by weekly. By law can they do that?? Please help... I don't know what to do!!

rockinmommy · Aug 28, 2008, 10:53 AM

Were you evicted? You're claiming that you didn't know there was a judgement against you, or you didn't know they were garnishing your wages?

If it's on the up - and - up, then yes, they can probably do it. (You must be in a state that allows it, or I don't think it would have gotten this far.) You should go to the court that issued the judgement and ask to see proof of service and tell them that you were never notified of the hearing, nor the judgement, etc. If that's what you're stating happened.

progunr · Aug 28, 2008, 10:58 AM

What state are you in?

There are different levels as to what or how much of your check is subject to garnishment.

rockinmommy is correct about the proof of service. If you were not legally served, you may be able to get the judgment dismissed.

JudyKayTee · Aug 28, 2008, 12:24 PM

Originally Posted by tonyglove1

My current wages are garnished by more than 60% of my income for child support. I barely make it on that. Now, my ex-landlord is trying to garnish my wages. First of all, I was never served for a court hearing. I got my paycheck and there it was! After child support garnishment, I was left with $504 net pay. My company then took out an additional $270 leaving me with less than 20% of my gross pay which was $1275 by weekly. By law can they do that?????????????????????????????????????????????? ? Please help.....................I dont know what to do!!!!!!!!!!!!!!!!!!!!!!!!!!

Various States have various laws concerning how much can be taken - what State?

If you were not served you would have to go to Court, open the Judgment, attend a hearing, present your case, hope the landlord doesn't get another Judgment.

progunr · Aug 28, 2008, 01:03 PM

Originally Posted by JudyKayTee

Various States have various laws concerning how much can be taken - what State?

If you were not served you would have to go to Court, open the Judgment, attend a hearing, present your case, hope the landlord doesn't get another Judgment.

If there is no proof of legal service, I do not believe that a hearing would be required.

I would just motion for dismissal based upon no legal service, the judge will probably just sign the dismissal without holding any trial or hearing.

Then, the case would have to be refiled, and service obtained legally, for them to proceed.

rockinmommy · Aug 28, 2008, 01:40 PM

Unfortunately for the OP (tenant), for eviction cases (for example) "legal service" can include posting the papers on the outside of the door of the last known address. They didn't indicate the dollar amount of the judgement, but if they were a ways behind on rent the landlord could have obtained a fairly substantial monetary judgement right along with an eviction order.

But the court should still have the details about the service.

Just pointing out that just because they didn't have it handed to them doesn't mean they weren't legally served.

progunr · Aug 28, 2008, 01:45 PM

Originally Posted by rockinmommy

Unfortunately for the OP (tenant), for eviction cases (for example) "legal service" can include posting the papers on the outside of the door of the last known address. They didn't indicate the dollar amount of the judgement, but if they were a ways behind on rent the landlord could have obtained a fairly substantial monetary judgement right along with an eviction order.

But the court should still have the details about the service.

Just pointing out that just because they didn't have it handed to them doesn't mean they weren't legally served.

There are many ways to serve, you are correct, it does not have to be handed to an individual, but it does have to be legal, and that is what has to be in the file.

rockinmommy · Aug 28, 2008, 01:57 PM

Originally Posted by progunr

There are many ways to serve, you are correct, it does not have to be handed to an individual, but it does have to be legal, and that is what has to be in the file.

Absolutely! I just wanted to clarify to the OP that just because they didn't "know about" the judgement, doesn't automatically mean the case will be dismissed.

I guess a visit to the court is in order!

JudyKayTee · Aug 31, 2008, 06:39 AM

Originally Posted by progunr

If there is no proof of legal service, I do not believe that a hearing would be required.

I would just motion for dismissal based upon no legal service, the judge will probably just sign the dismissal without holding any trial or hearing.

Then, the case would have to be refiled, and service obtained legally, for them to proceed.

I would not count on an automatic dismissal - not the least bit uncommon in my area (at least) for the Judge NOT to automatically dismiss. Very often the server gets called in (if it goes that far) and if there is solid proof of service, then the debtor is spoken to (rather harshly, I might add) and the Judgment stands.

If the debtor expects any cooperation from the creditor, claiming no service or bad service is NOT the way to do it. I get called into Court on bad service, I get paid - and that does not make the creditor happy with the debtor. And, again, I've never lost one.

Obviously this varies from locality to locality but Judges - in this economy - are spotting stalling tactics from miles away (not saying that this OP is stalling).