wtf wage garnished!!!!!!!!!!!

[rapalapaul]

ok I am going to be filling for chapter 7 in a couple weeks. I owned a mobile home since 2000 i moved out in 07 and bought a house. I always payed on it tryn to sell it and had a couple renters. After it draining my saving I decided to let it go after my renter stopped paying. I let it go to the bank. let them know I was filling. told the park what i was doing and no longer own the home. I was going to include all the back lot rent in my chapter 7. Today I looked at my paystub online and they took $307 dollars out of my check!! No letter phone call nothing to let me know this was happening. It says on the bottom of my check Your wages are subject to garnishment issued by the 34th district court and it has a case number. The park knows my new address and phone number. This is bs. Now I cant make my house payment this week. i was just about caught up and had enough to pay my lawyer now this!!

[frogger]

So are you just mad or what? A garnishment is perfectly legal up to the point in which you file.

"I was going to file"? Everyone has heard that many times, however talk is cheap.

File and you can stop the garnishment.

[rapalapaul]

I am mad that I never got a letter nothing from the court,park anyone letting me know that I was being sued. I cant file till june 19 and now with $307 dollars out of my check everyweek i have no Idea how iam going to pay my lawyer. Its one thing to know ur getting sued and that you will be getting money takin away. but to open ur check and its just gone is bs

[newbie2]

I am mad that I never got a letter nothing from the court,park anyone letting me know that I was being sued. I cant file till june 19 and now with $307 dollars out of my check everyweek i have no Idea how iam going to pay my lawyer. Its one thing to know ur getting sued and that you will be getting money takin away. but to open ur check and its just gone is bs

You could go to the court, look up the case, and try to fight the garnishment. (if you truly didn't receive any notice) Probably wouldn't do much good since you are filing bk soon anyway. Also, the $307 may not be weekly, but could be monthly. Ask your HR department at your place of employment for a copy of the garnishment order.

[MSbklawyer]

You were probably "residence served". Mississippi and some other states have a procedure for that where they literally tape the summons to your door and call it service of process. I'd bet a nickle that some process server taped a copy of the summons to your mobile home door.

Which state are you in?

[rapalapaul]

michigan. And they know i have not lived there in 2 years

[LoadedGuns]

michigan. And they know i have not lived there in 2 years

They only need to know your last know address to serve you and for it to stick.

[frogger]

but to open ur check and its just gone is bs

No, it's just the way it works most of the time. Just figure out how to move forward and you can put a stop to it.

Good luck.

[WhatMoney]

It says on the bottom of my check Your wages are subject to garnishment issued by the 34th district court and it has a case number. The park knows my new address and phone number.

You can always go to the 34th district courthouse, or call the clerk, and get copies of your file. There will be an affidivat in there showing exactly how you were served to appear for the lawsuit. I'll bet it was sent to an old address. The case could not proceed without proper service. Once they have a default judgment they do not need to notify you before any wage garnishment or bank account seizure.

If you can prove the service was faulty and you never received the initial summons, you might be able to get the judgment vacated. But this will likely cost you more in court/attorney fees than what they garnished from you.

[wado1]

I live in GA and it happened to me too. They do not have to give you any type of notice. Once they have the judgement, its out of your hands. They are taking 25% of my net pay as we speak.

[dscurlock]

I live in GA and it happened to me too. They do not have to give you any type of notice. Once they have the judgement, its out of your hands. They are taking 25% of my net pay as we speak.

Not sure why you are surprised...you knew you owed the money, and gave them your intentions not to pay....instead of blowing them off, what you should have done was get the bank to go for a short sale, and find an agent that could get it sold...I guess you thought you would just not pay, save your money, and all will be good...sorry, people are wanting the money that you promised them...so it should be no surprise, notice or not...