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garnish wages without a judgement?

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trc1962
Regular Contributor

garnish wages without a judgement?

I received a certified letter from a collector stating my wages were going to be garnished for an unpaid debt. First off, I have never received a bill from the company, let alone anything about a judgement-this is crazy. Anyone know if this can stand up? Thank you!

Message 1 of 6
5 REPLIES 5
starry1
Valued Contributor

Re: garnish wages without a judgement?

If you're in MN I think they can. Can you check your courthouse to make sure there's no judgment against you? What CA is this anyway.

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Message 2 of 6
DaBears
Senior Contributor

Re: garnish wages without a judgement?

Only a Judge can sign off on a judgement and it would need to be served. If a CA sent that to you I would still call the courthouse to verify it legitimacy.

Message 3 of 6
trc1962
Regular Contributor

Re: garnish wages without a judgement?

The CA is called Valley Empire Collection and they are in Spokane WA. I have not been served anything, just this certified letter stating that my wages will be garnished. I was working with a consumer counseling company 2 years ago and they said this CA was brutal. I paid off the medical debt that was owed to this company more than a year ago. Do I need to contact an attorney? I definitely don't want my wages garnished, especially if I wasn't contacted or served. Thank you for the replies.

Message 4 of 6
Tink1o5
Valued Member

Re: garnish wages without a judgement?

Before I knew any laws my husband was garnished in the state of colorado 5-6 times WITHOUT him ever being served papers.  I was later told on this forum (for the state of colorado) that that was illegal. 

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Message 5 of 6
RobertEG
Legendary Contributor

Re: garnish wages without a judgement?

Request of the court for an order of garnishment is based on the defendant's failure to have complied with the judgment of the court.

Parties cannot simply notify an employer that they are garnishing pay.

If there is no judgment by the court, a threat to garnish pay is a clear threat to take action that they legally cannot take, and is a specific violation of the FDCPA.

You may have recourse to a formal complaint with the CFPB.

 

As stated, first be sure....check with the clerk of the supposed judgment court and determine if a judgment was actually issued, and if so, how service of notice of the trial was served on the defendant. 

Civil procedures usually provide for service other than by direct, physical receipt by the defendant under certain circumstances.

Before asserting lack of proper service, first determine how proper service was shown to the court, and whether that process was legit under the laws of your state.

 

Message 6 of 6
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