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    orrwhat1's Avatar
    orrwhat1 Posts: 2, Reputation: 1
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    #1

    Apr 20, 2009, 08:23 PM
    Wage garnishment
    I am a head of household. I have 3 hids. I got the letter from the atty stating he filed copies with the county. I have to respond in 3 days. Can they still garnish wages for the working parent with three children
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 21, 2009, 05:59 AM

    There are some States which offer an exemption for people supporting a family if the garnishment is an extreme hardship. What State are you in?

    I can't tell if there is a Judgment against you - I don't understand the "letter from an Attorney" part. You should receive legal documents, not a letter.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Apr 21, 2009, 06:29 AM

    They can't get a garnishment until they get a judgement. And a summons relating to a suit gives you more than 3 days to respond.
    orrwhat1's Avatar
    orrwhat1 Posts: 2, Reputation: 1
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    #4

    Apr 21, 2009, 06:58 AM
    I am in Florida. They have a judgement but I was unaware until this notice
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Apr 21, 2009, 07:31 AM

    If they have a judgement that you were unaware of you can file a motion to Vacate that judgement on the grounds of improper service.

    While this is only a delaying tactic, it does give you your chance in court to make sure that the debt is valid.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Apr 21, 2009, 08:03 AM

    I agree with Scott - if you were not legally advised of the proceeding then you have to go to Court and move to set the Judgment aside.

    Of course, if it is your debt and is within the Statute, then there is always the possibility that the creditor can prove that and obtain a replacement Judgment.

    Is it yours?
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