Wages being garnished...?

Question

I have LVNV creditors after me and I sent them a certified letter asking to prove that I owe that amount to them (it's actually frm SEARS). They have until July 24th to get back to me. However, I received a garnish notice from the courts. It says that they found LVNV in favor and I can dispute is by asking for a hearing.

How should I proceed? The document states that I cannot argue the judgment, only how much is to be garnished. It doesn't have a court room, etc nor states when the garnishing will take place.

Answer 1

That just doesn't sound quite legit, creditors are not below doing underhanded things like that. I would contact an attorney, you should have at least gotten served some papers saying they were suing you. I don't understand how they can get a judgement without you even getting a chance to defend yourself, unless you didn't answer to a summons.  I had a creditor do something similar to me, I got an attorney who asked for no upfront fees, we countersued the company and they winded up paying me.

Answer 2

you should not have let it go that far.

you need an attorney advice.

Answer 3

First thing is that LVNV is a notorious junk debt collection agency who violate the FDCPA all the time.  Even their people have been known to falsify documents.  They have been known to make a small payment on a collection account just to re-set the state SOL to bring suit in court.  

This too is in violation of the FDCPA 15USC1681s-2]  Ã‚§ 623

First thing to do is find out if this debt is beyond your states SOL at the following site

http://www.bcsalliance.com/statute_of_li...

If it is beyond the SOL, then this is your defense against LVNV and the court will throw out any judgment.

Here is a sample letter to send to LVNV right away, send it certified/return receipt

Today's Date

Your Name

Your Address

Collector's Name

Collector's Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector's name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.

This letter will let them know you know the laws and will not be screwed over.

Of course most likely that document you recieved regarding the garnishment notice, is as bogus as they are.  All court summons will contain the court address, the date, the docket number and be delivered by hand or certified mail and will come from the court, NOT the creditor.

They are using scare tactics.

You can find out more about them at this web site

http://www.budhibbs.com/debtcollectorpag...

Hope this answers your question

LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.

Answer 4

The garnishment will take place whenever you next get a paycheck.  You received a copy and so will your employer if you have one.  Usually there is a name at the top of the page, a court, whom you can contact.

Answer 5

They can't have a judgement against you without notifying you of the date and time of the proceeding.

You need to contact the court and ask for a copy of the court case and the judgement against you.

Also find out if the garnishment is legal or a threat.

Don't do anything until you have a copy of everything - or know there is nothing.

Answer 6

Are you sure that this is legit? Believe me, it's not below LVNV to send official looking documents in attempts to scare debtors into paying. Personally I think it may be fake because I have never heard of a court basically saying "we ruled against you on a debt and you can't argue that but you can argue the amount of the garnishment". Usually if the judge rules in favor of the creditor, the creditor will have 30 days to attempt to collect the judgement before they can file for garnishment.

Start by calling the court houses and see if there is actually a case and/or a judgement against you. If so, you need to go there and get a copy of the file and see how they claim they served you, as if you were not properly served you can file a motion to vacate the judgement.

If this document turns out to be fake, consult an NACA lawyer in your area and ask about filing a countersuit against LVNV for FDCPA violations. Sending official looking documents to mislead debtors is a big no-no.