Ask Experts Questions for FREE Help !
Ask
    ecarl1234's Avatar
    ecarl1234 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Sep 19, 2007, 05:19 PM
    Paycheck Garnishment
    I was wondering if anyone has successfully stopped a paycheck garnishment. I was served 2 weeks ago for a bill from 2004, and a service that I do not recognize. I explained this to the company and they said they hear that all the time. Do I have a right to demand some sort of information about the debt before a garnishment is ordered. Do they have to stop the process if I demand information so I can research? I am a resident in Oregon.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
    		  
    #2

    Sep 20, 2007, 04:02 AM
    A Garnishment can only to issued from a judgment against you. Did you go to court for a summons? Where is served notice of a claim against you?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Sep 20, 2007, 06:13 AM
    As Mr Yet mentioned, a garnishment order has to be issued by a court. Before that happens the plaintiff has to sue you and obtain a judgement against you. Did you receive any such summons? Did you go to court to defend it?

    The time to get proof of the debt was during the hearing or between the summons being served and the hearing. Once the judgement was entered its much harder.

    To help further we need to know the history of what went down here.
    ecarl1234's Avatar
    ecarl1234 Posts: 2, Reputation: 1
    New Member
    		  
    #4

    Sep 20, 2007, 06:23 PM
    I had been served at work, then I called the company to inquire about the past due bill. They could only tell that it was from a providence medical. I have not been served before so I really did not know what to do. I asked for the information so I could look into it and they said they would send it. They never did, I waited, I called, next thing I know I was served garnishment papers. The original notice did not have a court date on it, shouldn't I have been notified of the court date?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Sep 20, 2007, 07:04 PM
    No. The summons if you check it, probably says that you needed to respond within x days (probably 30) of service of your Intent to Defend against the suit. A court date is only scheduled if you file your Intent to Defend with the court. Since you only contacted the creditor and not the court, a default judgement was entered against you. Armed with the default judgement, they were able to get the garnishment order.

    You can try to get the court to vacate the judgement, but I'm not sure what grounds you have.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Wage garnishment twice on one paycheck [ 1 Answers ]

If a place of employment forgot to take a garnishment on a previous paycheck, can they legally take two off the next paycheck?

Why no deductions from paycheck? [ 3 Answers ]

I'm a new substitute teacher. I just got my first paycheck for working the last 2 weeks. My gross pay was 429.00, my net was 396.00. I had social security (OASDI) and medicare taken out. Why weren't there any federal or state taxes taken out?

No taxes taken out of paycheck [ 3 Answers ]

I just started working for a small business daycare and there are no taxes taken out, we are paid with hand-written business checks but, I was asked to fill out a w-4 for (2007) just wondering what to do or how this works at the end of the year or if I should be taking taxes out myself each pay...

Paycheck not paid [ 6 Answers ]

Hi All, I have a problem and I seek somebodies advice regarding. I used work for a company earlier and before working they made a deal that I need to work under them for 12 months, My job started around dec 2004. In Jan I met with an accident and I got billed around 30000 from the Hospital. I...

View more questions Search