HELP!!!! Wage Garnish/Erin Capital Management

[goal_seeker]

Good Morning, 

I received a letter from my current employer stating that Erin Capital has the right to garnish my wages starting on June 2015. However, I have no clue what this is for and never received a letter from Erin Capital Management. Indeed, I need help in figuring out what to do about this. This is wrong and totalling unacceptable for Erin Capital to garnish my wages without telling me what this is for. I did notice that the case # on the "Answer of Garnishee" is start with "06-XXXXX". So, I am assuming this is from 2006? I live in Florida, so the SOL is way pass the date of collection, right??? Idk, I may be wrong but I need to sound advice!!! 

Nevertheless, I am confused as to what bill this is??? Can someone PLEASE HELP ME, thanks! 

[Anonymous]

Normally, most would agree to validate the debt a Letter would be the best form of communication, but since it's so immediate maybe a phone call would be best.

Was there a number on the letter in which you can call? Validating the age of the debt and from where it's from?

Or, if you haven't pulled your free annual credit report, utilize these and see if it can help you find out the FDoD which led to the collection.

Hope to hear back for you!

[goal_seeker]

Thanks for replying "CreditSlayer1289". However, I never received a letter from Erin Capital stating that I owe a debt with them. And thankfully, it's not on my credit report. I really don't have a clue what the debt is for or why are they trying to collection payment years later. The letter that I received was from my employer letting me know that my wages will be garnish starting June 12, 2015 and by law they have to comply! I don't even know the total amount of the debt. I'm at a lost here =/

Question: Do I call Erin Capital Management and get all the details or Contact a lawyer to help me with the issue?  

[Anonymous]

---

@Anonymous wrote:
Normally, most would agree to validate the debt a Letter would be the best form of communication, but since it's so immediate maybe a phone call would be best.

Was there a number on the letter in which you can call? Validating the age of the debt and from where it's from?

Or, if you haven't pulled your free annual credit report, utilize these and see if it can help you find out the FDoD which led to the collection.

Hope to hear back for you!

---

None of that is going to stop a wage garnishment.

OP, A Judgement can usually be renewed after a set time period, determined by the states laws. Judgements do not follow SOL, they have their own enforcement period established by state laws. According to this,  a judgment in florida has a ten year enforcement period, that is renewable for an additional ten years. You only option is to fight the garnishment in court. If you genuinely believe this is not your judgement debt, you need to try to establish such in court.

How much are they trying to collect?

[damnedanddetermined]

I would ask youre employer for the informaation they have (direct contact person, address, phone, fax, etc.) then I would contact by phone to make a payment arrangement and have them stop the garnishment if it does indeed belong to you and legal to collect. I would have thought you would have been served or given the dunning letter on this or something. Let us know what you find out, and good luck!!

[goal_seeker]

"damnedanddetermined" I contact my employer and they didn't know much about the debt other than they have to comply by law with "Wage Garnishment." 

Also, I never recived anything from "Erin Capital" for the debt they are trying to collect! 

[RobertEG]

What court ordered the garnishment, and does the court record show that you were noticed of the proceeding where garnishment was ordered?

Sounds like a trip to the office of the clerk of the judgment court is the first order of business, with particular attention to how and why you were not noticed of the proceeding.

[goal_seeker]

"NormanFH" I have no clue how much the debt is or who the OC was. Should I contact "Erin capital?"

[Anonymous]

I would follow suggestion of robertEG,
This should have been filed through a court and have documentation of being served.

You could definitely call Erin capital and see if they can give you more information, especially if you do not ever recall a possible debt that was still owed.

[goal_seeker]

"RobertEG" - That's my thinking..."how are you going to garnish my wages and not let me know what's going on?" And why would a Judge approve such doing??? I tried calling the clerks office but no one knows anything in these place. I was transfered 5 different times only for them to hang-up each time.

Nevertheles, this is a terrible situation all around. My next step is to contact a lawyer who specializes in this type of case because I am at a lost. 

Thanks for your input. I will keep you posted.