Monday when I got home from work, there was a summons for garnishment wedged in the crack of my front door. This is related to a judgement that MBNA/Portfolio Recovery Services had against me from January of this year. The total amount was $2600. There was a court date listed on the summons for July as well as instructions on how to petition the court. My plan was to contact PRA and see if we could work something out immediately so that my wages wouldn't be garnished. Today at work, I was notified by the payroll administrator that I will start having my wages garnished this Friday! Here are my two questions: 1. Was I served the papers correctly? 2. Don't I have some time to respond to the summons/contact the company before my wages begin to be garnished? I assumed that I had until the court date listed on the summons. Thanks for your help.
You blew off a court date and let them get a default judgment. About all you can do is see if there is some grounds to get the orginal judgment vacated. Go to the courthouse and pull your file and see if the service and everything else was done according to state law. I'd suggest taking it to a lawyer since time is a real factor.
I'm headed down to the courthouse in about an hour to check on my case file. But don't I have more time to deal with this situation? It seems wrong that they can start garnishing my wages immediately after the summons was issued without giving me any time to petition.
Monday when I got home from work, there was a summons for garnishment wedged in the crack of my front door. This is related to a judgement that MBNA/Portfolio Recovery Services had against me from January of this year. The total amount was $2600. 1*There was a court date listed on the summons for July as well as instructions on how to petition the court. My plan was to contact PRA and see if we could work something out immediately so that my wages wouldn't be garnished. Today at work, I was notified by the payroll administrator that I will start having my wages garnished this Friday 2*. Don't I have some time to respond to the summons/contact the company before my wages begin to be garnished? I assumed that I had until the court date listed on the summons. skyy ================ 1*They jumped the gun on you here by garnishing you before the July court date. 2*You certainly do. They have denied you your due process of law. The END ************************* LB 59
Monday when I got home from work, there was a summons for garnishment wedged in the crack of my front door. This is related to a judgement that MBNA/Portfolio Recovery Services had against me from January of this year. The total amount was $2600. 1*There was a court date listed on the summons for July as well as instructions on how to petition the court. My plan was to contact PRA and see if we could work something out immediately so that my wages wouldn't be garnished. Today at work, I was notified by the payroll administrator that I will start having my wages garnished this Friday 2*. Don't I have some time to respond to the summons/contact the company before my wages begin to be garnished? I assumed that I had until the court date listed on the summons. skyy ================ 1*They jumped the gun on you here by garnishing you before the July court date. 2*You certainly do. They have denied you your due process of law. The END ************************* LB 59 1*If a judgment was granted in Jan. it would seem you've had plenty of time to work this out. keepmine ================= 1* this is not about the judgment: It''s about them railroading him with garnishment prior to the July court hearing on the garnishment issue. From Monday to Friday is hardly time enough when the court case isn't until July. If there are going to just do as they d** well please then why in the h*** drag him into court in July? The END ************************* LB 59
The first post of this thread says the judgment was returned in Jan of this year. If this is accurate, that was your court date. What is happening now is enforcement of a court order.
The summons has a court date on it for July. The summons states that if I do not dispute the claim for garnishment, then I do not have to appear in court. This is what leads me to believe that the wages cannot be garnished until after that date comes and goes.
Re: Re: please HELP!! garnishment! *SO then what is the point in draging her into court in july? quote: -------------------------------------------------------------------------------- Originally posted by keepmine The first post of this thread says the judgment was returned in Jan of this year. If this is accurate, that was your court date.What is happening now is enforcement of a court order --------------------------------------------------------------------------------
Re: Re: please HELP!! garnishment! quote: -------------------------------------------------------------------------------- Originally posted by skyy The summons has a court date on it for July. The summons states that if I do not dispute the claim for garnishment, then I do not have to appear in court. *This is what leads me to believe that the wages cannot be garnished until after that date comes and goes. ===================* This is the way I read it too The END ************************* LB 59
