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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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My wages are being garnished because a Commissioner denied

Resolved Question:

My wages are being garnished because a Commissioner denied an exemption that I filed. He stated that an Exemption hearing does not consider the merit or the facts of the case. The ex-landlord filed an Unlawful Detainer case after I vacated the house. Therefore, I was never served and or aware of the action, including the Default Judgment until a Wage garnishment was served on my employer 18 months after I moved out. I have utility bills, cancelled checks and a copy of the lease at the new residence which further document the time I moved out of the old house.

The ex-landlord did not return any of my security deposit. I have since filed a Small Claims action to recoup those funds. Moreover, the Security deposit is in excess of the "alleged debt".

What are my options in getting the court to either set aside or vacate the default judgement? Especially since the landlord invented a co-tenant, allegedly served the imaginary co-tenant at a non-existing address (as verified by the Post Office Mgr in writing). I want to retroactively show that the UD did not have any merit given that I did not have possession of the property and did not owe ex-landlord any money at time of vacating the house. What I can I do to stop the corresponding Wage garnishment? I am being extorted and I need to know how to legally stop it.

Yes, I am looking for an Attorney with successful experience with these types of extortion issues. Please help. Thanks
Submitted: 5 years ago via Nolo Press.
Category: Business Law
Expert:  MShore Law replied 5 years ago.
Thank you for the post, did you leave a forwarding address with the post office?
Customer: replied 5 years ago.
The message I received asked for more information. What info specifically do you need? Thanks
Expert:  MShore Law replied 5 years ago.
Hello, I need to know if you left a forwarding address with your local post office.
Customer: replied 5 years ago.
My mailing address has not changed. It was the same while I resided in the house that I vacated. So, no I have not submitted a forwarding address with my local post office.
Customer: replied 5 years ago.
Yes, I am still using the mailing address so, there has not been any reason to forward a new one to the Post Office. Have used it for the past 4 years.
Expert:  MShore Law replied 5 years ago.
Thank you, XXXXX XXXXX that the sum in dispute is less than the $7500 small claims limit. With that said, you can file a motion with the court to enjoin the continued garnishment pending the outcome of your suit against the landlord for fraud.
Customer: replied 5 years ago.

Essentially, my understanding of your response is that my options are: a) File a lawsuit against the Landlord citing fraud; b) combine that suit with the money being ganished. Is that correct?



Expert:  MShore Law replied 5 years ago.
Yes, that is correct.
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