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Established Contributor
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Registered: ‎06-30-2016
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Re: HELP! Notice of garnishment of wages starting next week.


kaykay65 wrote:

Since they have made the request to garnish your wages, do you think that they will try to go after you bank accounts next since they have located your current employer?

Can they do that with only a name and address? This isn't on my credit reports so my gut is telling me that this lawsuit was against someone with the same name as me with a different ssn/dob. Again, I've never lived in the state of origin, let alone at the address of the initial lawsuit that went unserved.


EX08 659 EQ08 660 TU08 695 Starting: mid 300'sGoal: 700
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Re: HELP! Notice of garnishment of wages starting next week.


RobertEG wrote:

In most cases, a party must file a motion seeking a writ of garnishment with the court, and the court must grant that motion before garnishment can occur.

However, some parties have the legal right to garnish without a separate court order, such as a government agency.

 

It is imperitive to know the basis upon which the garnishment was approved by the court, and whether or not that process required a separate court date for a hearing/decison on the request. 

The office of the clerk of the court should be able to provide the name of the party awarded the garnishment.

 

If they could not provide it, I would immediately consult an attorney regarding whether you were provided the proper due process in the court garnishment order.


 
02/24/2017 Judgment Entered
03/09/2017 Request for Execution/Garnish
03/10/2017 Garnishment Paid to Attorney 
  
 
  Execution/Garnishment Issued

 

 

This is not a government entity. It is a named individual.

 


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Re: HELP! Notice of garnishment of wages starting next week.


lowkeyorca wrote:


tel12 wrote:
Is the debt yours?

I do not recognize the plaintiff and I have never lived in the state of origin of the lawsuit. 

 

The original casefile has an address listed I have never lived at, but the two following list my former address in CA, and now my current address in MO.

 

I do not know what it is about, so while it truly doesn't appear to be mine, without further information I can't say for sure. It looks like a person sued another person in small claims court. For what reason, I don't know. I reached out to the plaintiff's lawyer when I found out about the foreign judgement filing asking for further information and any other information about the defendent to verify it is actually me and not someone else and I did not receive a response.

 

I reached out to my lawyer, but she is currently out of town so I won't hear from her until next week.


Then the only thing you can do it wait for your attorney to check into it and determine if it is yours, good luck.
FICO 8 Scores Eq 810 Ex 808 TU 821, 137K Available CL, 2% Util

Established Contributor
Posts: 1,194
Registered: ‎06-30-2016

Re: HELP! Notice of garnishment of wages starting next week.

Update:

 

My company halted the garnishment as the order doesn't have the last 4 of my SSN, this buys me some time. My lawyer is still out of town, but I was able to get in touch with the other lawyer's legal secretary and she promised he would call me back today.

 

I'll let you guys know what they say.


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New Contributor
Posts: 85
Registered: ‎12-21-2016

Re: HELP! Notice of garnishment of wages starting next week.

Good luck lowkeyorca! Got my fingers crossed that this is just a case of mistaken identity.
New Contributor
Posts: 53
Registered: ‎11-11-2016

Re: HELP! Notice of garnishment of wages starting next week.

Good luck!  I hope it works out for you!!

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Re: HELP! Notice of garnishment of wages starting next week.

Are you sure you don't owe anything to the California state tax board ? I dealt with a crazy experience from them a few mths back when out of the BLUE They siezed my bank account and the funds in them and left nothing but a number for me to call. This happened on a Friday so I spent all weekend worried sick and not knowing what was going on , only that it came from the State of California and that I had lived there for a few mths back in 06 when my Xhusband was stationed there . I called that Monday and waited on hold forever and even got the run around several times but I finally got someone on the phone she said it was a state tax that I never filed and my x and I owed 3 k it started out as 800 but with fees it tripled over time . Well I had to prove to them that we were active duty military and therefore that made us NOT Residents of California, we paid taxes in our home state , she was able to look in several data bases and verify my story and wiped the debt clean. I was just floored that they could seize your bank first and ask questions LATER
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Re: HELP! Notice of garnishment of wages starting next week.


Aduke1122 wrote:
Are you sure you don't owe anything to the California state tax board ? I dealt with a crazy experience from them a few mths back when out of the BLUE They siezed my bank account and the funds in them and left nothing but a number for me to call. This happened on a Friday so I spent all weekend worried sick and not knowing what was going on , only that it came from the State of California and that I had lived there for a few mths back in 06 when my Xhusband was stationed there . I called that Monday and waited on hold forever and even got the run around several times but I finally got someone on the phone she said it was a state tax that I never filed and my x and I owed 3 k it started out as 800 but with fees it tripled over time . Well I had to prove to them that we were active duty military and therefore that made us NOT Residents of California, we paid taxes in our home state , she was able to look in several data bases and verify my story and wiped the debt clean. I was just floored that they could seize your bank first and ask questions LATER

I actually do owe the state of California, but they have never sued me. I am on a payment plan with them that will be concluding in a few months. They notified me that my employer goofed on my taxes in a very timely manner, and I've always kept my address up to date with the states I've resided in just in case. Even when I've changed bank accounts, they made it very easy to swap, even though once they didn't change it in time, and I got an NSF fee. They reduced my following payment for not processing it in time to refund me the NSF fee. I've got no gripes with the California FTB. I am sorry about your poor experience, though.

 

However, this is not from a business or a government entity. It is a named individual. The judgement is also not from the state of California, it was just mailed to an address I lived at there previously.


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Re: HELP! Notice of garnishment of wages starting next week.

Ok I see I was just asking to make sure bc I seen you had lived in California, good thing you have that settled with them . I had never gotten any mail from them in the 10 years that they thought I owed them but I did move a few times but either way I'm so glad I got that one lady on the line who was willing to listen and hear me out and checked her databases and verified that I was not a resident
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Re: HELP! Notice of garnishment of wages starting next week.


Aduke1122 wrote:
Ok I see I was just asking to make sure bc I seen you had lived in California, good thing you have that settled with them . I had never gotten any mail from them in the 10 years that they thought I owed them but I did move a few times but either way I'm so glad I got that one lady on the line who was willing to listen and hear me out and checked her databases and verified that I was not a resident

But yea, I think it's nuts that courts can just a sign an order no questions asked, especially from another state to seize wages and assets. Government or not. 

 

I used to work with someone who shared my name, and I'm started to get the sinking feeling that this is how this happened. She was one of the people whose credit file got mixed with mine and she owed TONS OF PEOPLE MONEY. She has payday loan lawsuits up the wazoo. 

 

I'm curious what she did to make another person sue her for 10 grand.


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