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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?
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.
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.
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