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rvlaw
rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience:  NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
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My wages were garnished using a wage assignment letter that ...

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My wages were garnished using a wage assignment letter that I signed. I was not, however, notified of this garnishment by certified letter nor was I served any paperwork prior to the garnishment. My employer sent the funds without notifying me either of the garnishment. Is there anything I can do as I would have sent a letter revoking the Wage assignment Had I known it was being done.
Submitted: 5 years ago.
Category: Business Law
Expert:  rvlaw replied 5 years ago.

Hi,

If you were never served with papers regarding lawsuit.....you didn't appear, the judge just gave the plaintiff what he asked for. You must move to vacate the default AND TO VACATE THE GARNISHMENT AND A REFUND.

Your application to the court that gave the judgment states that it did not have jurisdiction over you.You must show a valid defense to open the default ...otherwise opening it is futile. It will just be a judgment again. IF you succeed in opening it, IT MAY BE DISMISSED DUE TO THE STATUTE. Or at least you file and answer to the complaint and defend. If you win, you can send proof to the credit bureaus.

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

Customer: replied 5 years ago.
Reply to rvlaw's Post: The wage assignment is not a court order. It is a document I signed authorizing the deduction of funds from my wages if i defaulted. I live in Illinois and was told all I had to do was send a letter to my employer revoking the wage assignment and a certified copy to the business to revoke the wage assignment. I was'nt given that opportunity because I was never notified this was taking place. Is there any way to get my money back.
Expert:  rvlaw replied 5 years ago.

Assuming you had a loan or some other obligation to the company on which you defaulted, then your wage assignment in all probability has a clause that says they don't have to sue you, but can go right to wage deduction. I'm afraid there is nothing you can do at this point. Wish I had better news.

rich

rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience: NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
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