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1Spartan1 · Sep 16, 2007, 09:55 AM

I have had a garnishment placed on my wages as a result of a collection agency, Asset Acceptance, that took over an account that I had with AT & T wireless back in the late 1990's. The question that I have is how can I obtain the information regarding that account, I do not have any receipts or copies of the agreement that I signed. My credit was not in good shape at the time and I was subjected to pay a $1,000.00 security deposit. My charges never reached anywhere near $1,000.00 and I never received a refund of the security deposit. So I disagree with the charges and never received any documents to explain the charges and I am now being subjected to pay an outrageous amount of $7,500.00 for this account. I have been granted a exemption hearing on Oct. 4, 2007, and I feel it would be helpful if I had the records of my security deposit with me during the hearing. I would appreciate any assistance?

slowandeasy · Sep 16, 2007, 10:41 AM

Hello 1Spartan

If it was the late 90's it is possible the sol may come into play. In order for them to be able to garnsh your wages a judgement had to have been entered. Did you receive a summons for this? That would have been the time to have challenged this. Not only can they garnsh your wages but they may attach your bank accounts

mr.yet · Sep 17, 2007, 04:05 AM

When was judgment granted in this matter? They had to a judgment for the Writ of Garnishment.

ScottGem · Sep 17, 2007, 05:26 AM

The time to fight this was when they initially sued you. What were you doing to let them get a default judgement against you?

There may be ways to fight this, but first you have to fight the judgement.

1Spartan1 · Sep 17, 2007, 11:06 AM

I received a writ of garnishment that I was allowed to challenge by replying with a claim of exemption, which I did prior to August 17, 2007. I received a notice from the Hillsboriugh county courthouse telling me that my wages would be garnished by Asset Acceptance, I do not dispute the account with AT & T, I am disputing the charges, should 'nt I have been informed prior to the judgement being entered? Why does Asset Acceptance not have to justify their charges prior to a writ of garnishment being issued?

ScottGem · Sep 17, 2007, 11:19 AM

Originally Posted by 1Spartan1

Why does Asset Acceptance not have to justify their charges prior to a writ of garnishment being issued?

Because you didn't defend against the initial suit. So aq default judgement was entered.

So, forget the exemption. You want to file a motion to vacate the judgement on the grounds of improper service since you were never notified about the initial suit. Get the judgement thrown out so they have to refile. Then you can force them to justify the amount.