Re: Re: Re: Demand payment in 5 days? Okay - as I understand it your GF's wages are being garnished - so is this a percentage or all of her take home pay? What happens if she changes employers - I think in that case the order for garnishment would have to be amended to take into account the new employer and that would at least give you some legal wiggle room. Now as knowledgeable as the crew here is, it is time to stop asking for advice on the internet - this goes way beyond debt validation, estoppel, and nutcase letters to collectors. Getting an error in reporting on her CR corrected is way down the list of your priorities at this point! Regardless of what state you are in, a notarized copy of the original judgement would have to of been filed with the clerk of the court in order for the judge to grant an order for garnishment. You need to get a copy of the CA/Plaintiff's lawyers motion for garnishment which will include the default judgement order and take these documents to a lawyer for close scrutiny - you should consider one in your area from the National Association of Consumer advocates (http://www.naca.net) who is familiar with injunctive relief from garnishment, vacating judgements, as well as credit woes! Also, a lawyer will also be able to advise you of what limitations/actions are available with regards to the negligent party or insurer of the party responsible for the accident that started this whole mess. Michael
Re: Re: Re: Demand payment in 5 days? You are mailed a copy of the original judgment once it is entered at the courthouse, which would have been 8 yrs ago. Both the plaintiff and the defendants receive a copy. iambroke ============= Again I must ask why isn't it available at the court house? This is the thing that makes the whole thing highly suspect !!
Re: Re: Re: Demand payment in 5 days? Yes, it doesn't sound valid. That is why I think the OP should visit with an attorney and get his legal rights.
Re: Re: Re: Demand payment in 5 days? But they are saying the judgement is NOT in the courthouse. This is where I was confused too. In order to garnish wages there has to be the original judgement somewhere, but where? Is it possible to get the order for garnishment from the person who is garnishing them?
Judgement Reported Wrong ~ claymca http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=361367#post361367 Demand payment in 5 days? http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=361904#post361904 THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
But still this doesn't take care of the fact that it was reported wrong. Who do I talk to about this. claymca | ============== Somehow I don't believe it was reported wrong.
1*Yes, it doesn't sound valid. 2*That is why I think the OP should visit with an attorney and get his legal rights. 3*But they are saying the judgement is NOT in the courthouse. 4**This is where I was confused too. 5*In order to garnish wages there has to be the an original judgement somewhere, but where? 6*Is it possible to get the order for garnishment from the person who is garnishing them? iambroke %%%%%%%%%%%%%%%%%%%% 1*That's what I was trying to tell you but i couldn't get past your one track thought that claymca was ignoring a judgment. 2*I agree he should get to the bottom of this and find out what's going on exactly before paying a thin dime. 3* 4*I could tell you were by what you were say saying in your post. I tried to show you that, but you still didn't get it. 5* And claymca has every rite to view it prior to being expected to pay anything. 6*Since the authenticity of the CAs judgment copy is questionable I myself couldn't put any trust in the CAs copy for order for garnishment. If ones a fake why not both? THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
At a minimum, the judgement is on microfiche at the courthouse. There are many details that can appear in a judgement order that would not be on the docket. How could anyone prove what the court actually ordered if they routinely destroyed the written judgements? I don't know who told you that copies of the judgement don't exist - go talk to the clerk of courts and ASK how you can get a copy. I have found child support orders in Ohio courts that were issued thirty years ago. Not the paper copies mind you, but on microfiche. If you are told that no such judgement exists and you are absolutely certain you have the right court, I would be talking to an attorney ASAP.
He did that read about it here. Judgement Reported Wrong ~ claymca http://consumers.creditnet.com/stra...1367#post361367
Well it looks like she is going to be talking to a lawyer. She was at the wrong court then they sent her to the correct court. And no record of judgement. No microfiche, no nothing. Just the docket. The plan is to get a loan to pay them then go after him with a lawyer.
Re: Re: Demand payment in 5 days? The plan is to get a loan to pay them then go after him with a lawyer. ============== No way in H would I apply for a loan to pay for a scam like this. How were you notified about the pending garnishment? Was the notice mailed from the lawyer or was it addressed from the court? QUOTE]Originally posted by claymca Well it looks like she is going to be talking to a lawyer. [/QUOTE]
Re: Re: Re: Demand payment in 5 days? Ok. Just contacted the OC. And yes it was a mistake the way it was reported on the credit report. So now what? After the OC or the CRA? Help please. claymca =================== I find this strange. It took them 8 years to figure this ??????????????? I think they smell easy money-if only it weren't for the fact it was paid. So now they want to change how it's reported. THE END ** *** ** LB 59 """""""""```~~~```'""""""""" I would have left the oc out of this for the time being. By contacting them you have lost one piece of evidence that it was paid.
Re: Re: Demand payment in 5 days? I take this to mean there there was no order for garnishment either;correct?
Re: Re: Re: Demand payment in 5 days? [/QUOTE] It was addressed from the lawyer. The lawyer sent notice of court porceeding.
Re: Re: Re: Re: Demand payment in 5 days? Well the only evidence is the credit report stating that the judgment was settled
Re: Re: Re: Demand payment in 5 days? Yes garnishment has started already. Over 600.00 dollars a month for 7 months.
Why take out a LOAN if this so called judgement is FAKE? Plus if she's already being garnished why take out a loan? Is there something you're not telling us?
Re: Re: Demand payment in 5 days? NO! THERE IS SOMETHING I AM NOT TELLING YOU! Why do keep assuming that someone is doing something wrong. If that was the case I would not be on this forum asking for help. Now! The reason she took out the loanis to get this settled and stop the garnishment. Rather pay 300 a month as compared to 600. She just moved into a condo and that is a mortgage. So 600 a month is stretching things to thin for her. So if you have any suggestions post them stop assuming iambroke. Thank-You.