DH had a Default judgment entered against him last year and was coerced into a payment agreement with CA's attorney. Fast forward to a year later, and I noticed that CA re-aged the debt. I contacted CA's attorney and requested the judgment be vacated - they didn't respond to either my calls or letters. So DH sent them a letter requesting written verification of the remaining balance. CA's attorney calls DH and ask him a million questions as to why I was contacting them. When DH referred them directly to me and repeated his request for the remaining balance, they served him with a copy of an "income execution" form dated a few days before the telephone conversation. The form said he had "20 days" to start paying the Marshal directly, however by the time DH received it, 19 days had already lapsed. When DH got his paycheck 4 days later, $300 had been taken out. Furthermore, CA had reported to DH's employer the original (judgment) amount as owing even though DH now owes less than half! Can they do this? Also, we filed an order to show cause re: the judgment and go to court next week, can we bring this in too?
1) they don't have to talk to you - you aren't on the judgment. 2) the judgment was reaged? the courts report the judgment, not the CA. i know they can't report a collection concurrent with a judgment. 3) why did you ask the judgement be vacated? 4) order to show cause for what exactly? 5) do you have cancelled checks showing the previous payments? 6) i believe when they garnish wages, the only paperwork they can send would be the court order which would only show the original amount which is why the cancelled checks would come in handy.
Re: Re: Income Execution the company can stop the garnishment at any time, so i would say that no it doesn't mean they will take the entire amount. HOWEVER, if they should try i would hope he has the cancelled checks.
