What can I do if I received a wage garnishment from my employer and I have never received anything regarding this prior to the wage garnishment? 7 Answers as of February 27, 2014

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Stephens Gourley & Bywater | David A. Stephens
Check the court file to see how the creditor got the judgment and then move to set it aside.
Answer Applies to: Nevada
Replied: 2/27/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
The employer gets the garnishment instructions from the courts or sheriff. This is issue for you to take up in court. You can file a motion to vacate the judgment and argue it if it is worth doing.
Answer Applies to: New York
Replied: 2/27/2014
Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
Examine the court file. Presumably it claims you were served. You need to file a motion to vacate supported by affidavits and evidence refuting the proposition that you were served. Note that service on a family member over 13 plus mailing is the same as personal service.
Answer Applies to: Illinois
Replied: 2/26/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
The fact you have never received anything does not make it necessarily invalid. To garnish wages a judgment had to have been obtained. Secondly a Writ of Execution obtained and served by the Sheriff on your employer. The most likely way to avoid the garnishment is a BK filing.
Answer Applies to: California
Replied: 2/26/2014
Mark S Cherry, Attorney at Law, PC
Mark S Cherry, Attorney at Law, PC | Mark Cherry
You should research the debt. You may have grounds to file a Motion to vacate the judgment. Also, you may want to consult with a bankruptcy attorney.
Answer Applies to: New Jersey
Replied: 2/26/2014
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