[tfelicia01]

My bank rec'd a notice of "garnishment after judgment" today but the garnishee referenced n the body of the form doesn't match the garnishee name that is at the top of the in the body of the form doesn't match the garnishee name that is at the top of the document nor, the "application for garnishment". Would that make the order for garnishment invalid? I'm in Texas. How do I file a motion to dismiss? This is for a judgment dated 10 years ago that didn't know about. I haven't been contacted in 10 yrs until a few Weeks ago when I received a letter from attorney general. I called about the letter, etc. and after our discussion I told her I would go research on my end to confirm it then call her back. Next, I find fom my bank about out today about the garnishment. Please help. Page 2 of 2 < 1 2

[JudyKayTee]

Please post once -

You say there are two different names on the garnishment - is either one (or both) of them your name? How are the two names related?

My reaction is that if the notice is sufficient for the bank it is legal.

No, the garnishment is not illegal - it is within the time frame to collect a Judgment.

You were never served papers concerning the original Judgment and this is the first time you've heard about it?

[ScottGem]

Threads merged and dups eliminated.

If the bank has accepted the writ of execution, then they feel its valid. You can try fighting it on the grounds that the writ is not valid, but without seeing it, its hard for us to tell.

Generally a judgment lasts for 7-10 years and can be renewed at least once. So its likely the writ is valid on the time element.

The fact that they haven't contacted you sooner is irrelevant. It just means they found you recently or felt you had enough money in your account to attach at this time.

You need to get the docket number from the writ and check to see whether a default judgment was originally entered. If so, you can try vacating the judgment on grounds of improper service if you know nothing about it. But that's only a delaying tactic. They will serve you properly before leaving the courthouse and you will then have to fight the suit.

[tfelicia01]

Yes, the bank sent me a copy of the garnishment papers and it had a copy of a default judgement from 2000. We filed bankruptcy in 1998 and thought everything was taken care of with that. This judgment was filed two years later. We don't remember anything about it, but clearly they are saying we owe. We're not trying to get out of paying it, we haven't been hiding or living on cash. We've lived in the same home for the last 7 years and the home before that 8 years and have always had a bank account. If we owe it, then we will pay it. However, we'd like to make payments to take care of it. The garnishment makes it tough to function normally now, since the money in there was for our mortgage and car payments due now. In the last 10 years we haven't been contacted by anyone. If so, we would have make arrangements by now without hesitation. We're not wanting to fight it in a way that we don't pay it, but simply want the opportunity to make payments without the risk of our checking account or wages being garnished. Do you think they will allow us to be put on a payment plan and remove the garnishment? If they remove the garnishment, will we get that money back considering we are setting up a payment plan? What is my next step? The county where the garnishment was filed is in another city two hours away. Do I need to drive there to that courthouse and file the motion to dissolve? Can I file a motion to dismiss? How do I file a motion to dismiss? What is my timeframe to do so. I have a copy of all the judgment papers that the bank sent me yesterday. Do I need any attorney or can I do this on my own. Lots of questions... sorry, just trying to get it right and handled accordingly.

[Curlyben]

>Threads Merged<

Please stick to one thread rather than starting new ones for each response, makes things easier to follow.

[ScottGem]

No, they are not going to allow a payment plan when they can grab your bank account. So you need to file a motion with the court to vacate the judgment o the grounds of improper service. That will, at least, prevent them from getting the money until the issue is resolved. Though it will still be frozen.

Once you find out the details of the judgment you can offer a payment plan and they may release the garnishment.

[tfelicia01]

How do I file a motion to the court to vacate? Is there a form via internet?

[ScottGem]

Depends on the court. Contact the court clerk and ask.

[tfelicia01]

Sorry if it is duplicated, I wasn't sure if I was responding correctly since I didn't see a reply button. I clicked on post quick answer, but didn't know if that goes to you or what?

I found out that this was from an agreement that was signed with our bankruptcy, so there never was a court date that we missed. We clearly signed and my guess is that we were supposed to pay this and clearly didn't and to be honest, it's been so long that we really don't remember anything about signing it because it's been so long. We left word for the appropriate person and am awaiting a return phone call about a payment plan. So if they keep the money in that was in the account, would they be willing to work out a payment plan for the balance? Does the garnishment stay on the account even with a payment plan. Is there a need to file a motion to the court to vacate, if we signed an agreement to pay back then? I'm guessing not. My concern is that if they take all our money in the account now including my husband's direct deposit that hit today that's about $5,300 and I can't pay my mortgage or car payments. I have to maintain my credit or I will be out of a job since I work at a bank. If I lose my job, I can't pay anyone. Have you ever heard of them considering givng back some of the garnishment to allow for payment of home and auto payment?