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    awiggins's Avatar
    awiggins Posts: 7, Reputation: 1
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    #1

    May 19, 2010, 02:25 PM
    Garnishment
    I had a credit card garnishment in 05, which was tossed out by a judge because I am head of my household. Now, to my surprise.. the same garnishment has shown up again this year, from the same company (assett acceptance is a huge rip-off). Is this legal for them to open the case up again, change a few dates and garnish my wages after this was thrown out before? Didn't the judge have to agree to let them do this?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 19, 2010, 03:47 PM

    Head of household is a defense, to a garnishment, to have a garnishment, they first had to go to court and get a judgement, head of household is not a defense to a judgement, so they won that.

    Ok, you did not say where you are at, or if you have moved to a different state ( if in the US) you are allowed to exempt certain property and income for head of household, in some states in the US, not all. In some US states this would not be a defense to a garnishment.

    So if you moved, or if your state law has changed they may well can garnish now. Also they may be testing to see if after 5 years things have changed in your income levels or other things that would allow them to get some money.

    Remember as long as they keep the judgement, they may try every level action to collect. And you will always owe the money.

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