[Angie103]

I found out last week that my checks were being garnished when I went to look up my check stub online. I called my payroll dept because I hadn't received any paperwork, hadn't been sued or even served by anyone. All they had that it was a company called LRS, and in the amount of $653.69. I asked them for the paperwork and how to contest it. I received the paperwork from my payroll dept the following Mon and on Tues I went to the courthouse to see if they could give me additional information. They claim this is a continuing garnishment from 2 previous employers but I hadn't been garnished with either of them. The lady tried to tell me I must not have known, but that's something you notice on your checks and not really something you forget about. Anyhow, I called this company and apparently it was a bounced check of $65.00 to a local restaurant in 2005. Now I don't remember doing this but I did have a work comp injury at that time and was not working full time due to it so I didn't just dismiss it as not mine. I went through my old paperwork-much of which I just threw out in a move!-I did manage to find 2 collection letters from this company 1 in 2005 1 and 2006 saying they were going to sue me for this for all this money. Then I had a jotted down note on one of them saying settled in the amount of $63.29. Now I confirmed with the lady at LRS that they did in fact receive a payment 3/01/06 for that amount. The problem I have is that I didn't write anything more then that and I have no memory of this. Probably at the time I thought it was taken care of and didn't give it a second thought.

So my question on this is am I just screwed or should I try to contest this? If I contest it and go to a hearing is there any chance the judge will look at this and lower the judgment to less of an amount? It seems a little ridiculous to go from $65.00 to over $600.00 especially when it was almost fully paid already for the original amount. They haven't even tried to contact me since 2006. Also I was never served with garnishment papers and from what I've read in the state of Utah you have to prove that you served both parties, the garnishee and the plaintiff so would that have any bearing on the case as well? I'm a single mom with 2 kids and can't really afford this so any help is appreciated! Also is there any other information I should try to get first that would help?

[this8384]

You can try to have the judgment dismissed on grounds of improper service. But of course, the last payment restarts the SOL. So if you are granted the dismissal, they're just going to sue you again.

The best case scenario would be that you get the judgment dismissed and manage to settle for a lesser amount.