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    sgardengnome2's Avatar
    sgardengnome2 Posts: 1, Reputation: 1
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    #1

    Aug 28, 2010, 05:39 PM
    Garnishment hearing
    I had a judgment ordered against me for a credit card debt from a junk debt buyer. The mistake was on their part, by not posting the payment to the correct account, (I had 3 with them), so they got a judgment. They garnished my wages, including my savings account, which was my husbands VA deposit. It was a joint checking account. They left me with 1.35 to my name, and I was never notified of a garnishment hearing. I am in Michigan. Can I sue the JDB for the money they took?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    Aug 28, 2010, 05:58 PM

    There is no "garnishment hearing" if they had a judgement.
    So where you notified and knew about the hearing for the original judgement ?

    If so, they merely file paper work for the garnishment, it is not a hearing and unless your state requires you to be notified when they file, you never know till the money is gone. *** even in TN where they are suppose to notify you, if they don't, the courts don't do anything about it.

    Next you can't sue them for the money, if they did not notify you of the hearing for a judgement, you can file a motion to have the judgement over turned for improper service, and ask the money to be returned.

    Also were the debts joint debts or just yours, in some cases, your partner can file to have their money returned if they were not part of the debt, by proving what money in each account was theirs

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