Confused on garnishment papers?

Question

I had my checking account frozen, was served papers for a garnishment, filled out the forms for an exemption (one of the exemptions were if you are receiving relief based on need, such as medical assistance, which I do). Then I was sent a document saying that the creditor objected to my exemption and then the next day I was sent a "garnishment exemption notice and notice of intent to garnish earnings within ten days". Now, on these last papers it states "your earnings are completely exempt from garnishment if you are a recipient of relief based on need", (which we have already discussed) and if you wish to claim an exemption, fill out the form, so I fill out the form that was attached for a second time. It also states that I "may wish to contact the attorney for the creditor in order to arrange for a settlement of the debt". So, as you can see, I'm confused...did they deny my exemption and going to keep my money or am I exempt and they are going to return it and work with me?

Answer 1

I would consult with an attorney. You can most likely get a free consultation over the phone. I have honestly never heard of anyone being exempt from paying a debt based on the fact they were receiving medical assistance. If that is indeed the case I would contact the creditors lawyer, in writing and advise him of that.

Answer 2

JP - I'm sorry to tell you this but I have been in the same position in the past and I believe the word their correspondance in a manner to keep you confused and frustrated.  In short you can almost always figure on the worst.  My best advise is for you to get a lawyor who has most lickly handled situations such as yours in the past.  Basically you are pay the lawyor to argue with them and it's amazing  how fast they back down.  It's alot like social security, when you file they often turn you down over and over but as soon as you get a lawyor it's approved.  Good luck in all your ventures. Let the lawyor do all the worying.   Bill D.