Re: Re: Writ of garnishment Is that a joke? Default judgments happen because people ignore the summons. If they were outlawed, nobody could sue anyone. The person getting sued would never bother to show up in court. How would you feel if you sued over some FDCPA violation and the creditor was able to just ignore it?
Re: Re: Writ of garnishment My goodness, Mycroft brown didn't say anything about judgments being outlawed. I thought just like you did until I was corrected by brown a couple of posts back. I guess you didn't see that one. So, it seems that what he may be suggesting is that if someone gets a summons and don't show up to answer the summons for MSJ they just go out and arrest the defendant and throw him in jail until the hearing or he posts bond at least in the amount of the demanded amount in the MSJ. But then one never knows. Maybe brown had something else in mind yet.
Re: Re: Writ of garnishment . Maybe brown had something else in mind yet. Bill Bauer ======================= Matter of fact I do. The END ************************* LB 59
Re: Re: Re: Writ of garnishment Originally posted by LBrown59 What needs changed is that default judgments need to be outlawed. The END ************************* LB 59 1*Is that a joke? 2*Default judgments happen because people ignore the summons. Mycroft ===================== 1*No but the default judgment is. 2*Default judgments happen because people get railroaded by improper service or worse yet no service at all. I've heard too many cases of folks never becoming aware there was ever a court case much less a judgment until they discover it on their credit report. This is a totally outrageous and unacceptable method of informing a person of such an action simply because there is absolutely no excuse for it. Even the criminal element gets 3 strikes before he's out - However not so with the innocent victim of a default judgment. He doesn't get 1 strike. H**l he didn't even get to step up to the plate. The END ************************* LB 59
Re: Re: Re: Writ of garnishment For your information, FDCPA applies to only "DEBT COLLECTORS" and not creditors. It *may* apply to creditors if they are collecting under a different business name. It may apply to creditors in states such as California and Texas, but it's the state law that makes them subject to FDCPA, not the FDCPA itself. -- lakpr
Re: Re: Re: Writ of garnishment quote: -------------------------------------------------------------------------------- Originally posted by lbrown59 It's not very likely they could. You need to check your court house records and see if there are any judgments against you. -------------------------------------------------------------------------------- Mr. lbrown, it is extremely likely that they can find out if there are other checking accts in this persons name. There are online P.I. sites that will check for less than $50 and have a list of a persons accts within 10 minutes. LKH ============== I think you and I are talking about two different situations here The END ************************* LB 59
I just noticed in my bank statement "LEGAL ORDER PAYMENT AND BANK FEE". I have no idea what this is - but I had an overdrawn bank account that I didn't receive any collections letters about. I just recently moved to California to Colorado and I have my mail forwarded to me. I've received nothing certified and no summons. How can they do this? Do I have any recourse?
Did you stay with a bank that has branches in California when you moved to Colorado? If so, the account can be garnished without domesticating the judgment to CO using the UEFJA.
I stopped using the account. It was with Union Bank acccount - and it was my Wells Fargo(locations in Colorado) that had the money taken out of it. I just recently discovered that the Union Bank account was overdrawn and closed - but nothing outside of a regular bank statement. No summons no nothing. I use Wells Fargo as my primary bank, and they have locations in Colorado - however, Union Bank does not.
Im in need of some info on this subject.. I am from WA as well but i am currently workin in afghanistan i noticed $605 missing from my paycheck today. when i went to look at my stub it said this WA WC EE 4.19 78.76 Garnishment - WRIT 605.50 604.50 I just paid off all collections/debt that showed up on my credit report. I am totally unaware of any ammount due outside of what i had paid off. My address has been the same for over 6 months and i have updated it with many sources. Now in my mind just taking money from someone without letting them know in any way shape or form is unlawful they had to go to my employer and for that matter they must know im overseas. What can i do since im here and i wont be home for some time...
Have you contacted your employer yet? Call the HR department and they should be able to give you more information about the garnishment and how you can contest it. In fact, your employer probably should have notified you first about the garnishment.
