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MShore Law
MShore Law, Attorney
Category: Business Law
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Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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Hello. I had a business judgement that created a levy against

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Hello. I had a business judgement that created a levy against my business and personal accounts. I am fighting the levy on the personal account based on a few factors. 1. The notice was not provided to me until a month agter the levy was placed on both accounts. 2. The personal account predominately contains wages from my spouse who is not named in the judgement. 3. The Writ of Levy was not specific in its scope.

I was just notified via mail that I have court tomorrow. I am in Wyoming, court is in Denver. The plaintiff's attorney used the holiday weekend to hide the court date. I also did not receive the hearing date within 10 days of the filiing of my exception notice.

Do I have a chance? Cannot afford a lawyer and time does not allow for one. Please adivse.
Submitted: 3 years ago.
Category: Business Law
Expert:  MShore Law replied 3 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Was the judgment based on a default of a business loan? If so, did you personally guarantee the loan when you applied for it?
Customer: replied 3 years ago.
It was a business supplier account. The judgement came in as my name dba, corporation. That is also how the Writ of Garnishment and Levy read as well. I fought that originally in the summons a year ago and lost since our corp had not paid the state's dues and that made the corp out of business. I personally guaranteed it, but the Garnishment Writ did not specify accounts.
Expert:  MShore Law replied 3 years ago.
Thank you, XXXXX XXXXX personally guaranteed it, any account with your name on it is subject to judgment creditor action. You can delay the garnishment by virtue of procedural missteps, but ultimately the garnishment would be granted. Please let me know if you have any follow up questions.
Customer: replied 3 years ago.

I have to appear in court tomorrow. I need to fight this. What can I say that won't get me laughed out of court?

 

I am focused on the misteps that are Colorado law and the fact that my spouses wages and not mine were in the account. Is there any hope of those two arguments working?

Expert:  MShore Law replied 3 years ago.
The fact that your spouses wages are in the joint account are irrelevant, and that will be summarily dismissed. By exception notice do you mean exemption notice?
Customer: replied 3 years ago.

I filed a Writ of Exception regarding my view of the exceptions to the original Writ of Garnishment and Levy.

 

I argued the spouses wages, the fact that I was not served according to law, amongst other items.

 

Expert:  MShore Law replied 3 years ago.
ok, the argument of the spouse's wages will likely be summarily dismissed. What did you attempt to accomplish with a writ of exception? I am familiar with writ of execution. What was your writ of exception argument? (I am concerned you used the wrong term).
Customer: replied 3 years ago.

I filed a Claim of Exemption to Writ of Garnishment With Notice.

 

I claimed the Property is Exempt because :

 

There was not proper notification in the process.

 

The Writ of Garnishment rules were not followed and the defendant/Judgment Debtor did not receive proper notice.

 

That the amount held in the personal account belonged to my wife.

 

This Writ is why I am getting a hearing. I'm sure the plaintiffs attorney is laughing his way to court tomorrow, but I just want to get some of the funds back. Our bank mistakingly told us that the garnishment was lifted, so we spent some of the funds. Then they figured out the mistake and regarnished the account and now we are even shorter because we'll owe the judgement creditor and the bank.

 

Just looking for something to hang my hat on for a 2 hour trip.

 

Thanks.

Expert:  MShore Law replied 3 years ago.
ok, how did you not receive proper notice?
Customer: replied 3 years ago.
The Writ of Garnishement was served on the bank on April 26. I received mine May 20. According to Colorado state law, I was to be notified along with the original notice.
Expert:  MShore Law replied 3 years ago.
ok, these are the applicable rules of civil procedure: "Writ of garnishment with notice of exemption and pending levy" means the exclusive procedure through which the personal property of any kind (other than earnings of a natural person) in the possession or control of a garnishee including the credits, debts, chooses in action, or money owed to the judgment debtor, whether they are due at the time of the service of the writ or are to become due thereafter, is required to be held for payment of a judgment debt (a "Writ with Notice"). A Writ with Notice shall be in the form and content of Colo. R. Civil. P. Form 29.

After entry of a judgment when a writ of execution may issue, a Writ with Notice shall be issued by the clerk of the court upon request. Under such writ any indebtedness, intangible personal property, or tangible personal property capable of manual delivery, other than earnings of a natural person, owed to, or owned by, the judgment debtor, and in the possession or control of the garnishee at the time of service of such writ upon the garnishee, shall be subject to the process of garnishment. Issuance of a writ of execution shall not be required before the issuance of a Writ with Notice. Service of a Writ with Notice shall be made in accordance with Colo. R. Civil. P. 4.

Following service of the Writ with Notice on the garnishee, a copy of the Writ with Notice, together with a blank copy of Colo. R. Civil. P. Form 30 shall be served upon each judgment debtor whose property is subject to garnishment by such writ as soon thereafter as practicable. Such service shall be in accordance with Colo. Rev. Statute. Ann. 1354.5107(2)* 1 Service of a Writ with Notice upon the garnishee shall give the court jurisdiction over the garnishee and any personal property of any description, owned by, or owed to the judgment debtor in the possession or control of the garnishee. Colo. R. Civil. P. 103.

The issue is whether you received notice as soon as practicable. Your best argument is that this did not occur as you were not notified until nearly 30 days later.
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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