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Wage Garnishment for parent's old debt

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Daare2dreeam
Contributor

Wage Garnishment for parent's old debt

When I was 17 years old my mother was evicted and I turned 18 around the time she was served with the paperwork. I never signed a lease but there was a judgement under both our names and on my credit for years. It's been 14 years later and now they are garnishing my pay check every two weeks taking over $700 a month. I submitted a letter and exemption request because I can't afford the garnishment and mainly because I don't not feel this is my debt. The other party opposed and I have a hearing. Has this happened to anyone? What should I expect? Will the judge likely remove the garnishment and judgement against me and order them to refund what they have taken so far? If not I may have to file for bankruptcy cause I may loose my car and my apartment due to the decrease in my monthly income.
Message 1 of 6
5 REPLIES 5
bass_playr
Established Contributor

Re: Wage Garnishment for parent's old debt

One thing that can work against you is the time--as more time passes, the ability to produce paperwork decreases.  However, I think you can show this easily enough.  As far as the law goes, under normal conditions, a minor--under 18--has no legal ability to enter into a contract.  So, what records can you find from the lawsuit?  Here's what I would seek to show at the hearing....

 

1--if you can show the date that the lease was signed, you can show your birth certificate to the court.  That alone could be enough, as it would prove that you could not possibly have been financially obligated for this debt.  Look for proof of this in their own claims---if they are garnishing wages, there had to be a lawsuit.  Check to see if you can find the records of that case.  I'd be willing to bet that somewhere in their complaint or in supporting evidence, you would likely find either their statement on when the lease was commenced, or maybe even a copy of the lease paperwork itself.  If so, you have strong evidence that they stole money from you.

 

2--The date of service is another key.  It stands to reason--simple common sense--that the date your mom got served with the summons HAD to occur some time AFTER the debt was actually incurred.  So, I would look to see when the complaint was actually filed, and when they served your mom the summons.  Then, compare that to your date of birth and show the court that you were not old enough to incur this obligation.  Once you can show that you were a minor when all this happened, you can request that the court order return of all money they took from you.  Explain to the court that you're being very seriously hurt financially by their misconduct.  

 

3--I would also maybe consider filing a lawsuit of my own against them at this point.  You can show money damages because of their fraud.  They are NOT allowed to garnish your wages for someone else's lawsuit as long as they cannot show that you were legally connected to the debt itself.  But the most important thing for you now is to look through their lawsuit if possible and get the info that shows you were not even legally able to be on the lease---or, if it's in the case, get the basic info.  Example---if they did not sue you, but only sued your mother, then they cannot garnish your wages anyways because they have no judgment against you.  It might be enough to simply show that the judgment they are relying on to take your wages does not even have your name on it anywhere.

Message 2 of 6
bass_playr
Established Contributor

Re: Wage Garnishment for parent's old debt

One more question, what state do you live in?  It's possible that in your state the judgment could be barred by statute of limitations, and no longer enforceable anyways.

 

Is this still on your credit, too?

 

Message 3 of 6
Daare2dreeam
Contributor

Re: Wage Garnishment for parent's old debt

I live in California. Just to clarify. My mom says she signed or renewed in April/May 2004. I turned 18 in July 2004. I was listed on the original lease as a minor occupant. The first court date was in October 2004. They only served my mom. They went to court twice since 2004. The last two times apparently my name was added to the judgement and I was not notified about the court date. I guess each time the judge granted the order. We are trying to find the original lease. It's no longer on my credit report.
Message 4 of 6
Anonymous
Not applicable

Re: Wage Garnishment for parent's old debt

Spend teh money and get a lawyer. All it takes is an objection to something you say, or the way you are saying it and you will not get to present any of your evidence.

 

Source: Got a ticket for running a stop sign in a new town, took pictures of intersection with NO stop sign (guessing someone stole it), got to court, wasnt even able to show the judge the photos.

 

Lesson learned, get a lawyer to play that game.

Message 5 of 6
RobertEG
Legendary Contributor

Re: Wage Garnishment for parent's old debt

If they have already been to court and both obtained a judgment and a subsequent order of garnishment, you need a lawyer.

Vacature or either or both will require showings of timeliness and of legal error, such as an assertion that you had no legal obligation based on age.  You are apparently asserting that the debt is not yours, but the creditor is saying that you are an obligated party.  That is a substantive legal issue that will need resolution by the court as to whether it is grounds for vacature of inclusion of you as a defendant, and additionally whether resolution of that issue is timely.

Those are not matters I would recommend pursuing without knowing the law.

Message 6 of 6
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