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To be clear, the order is an income execution order coming directly from the plaintiff's attorney (no judge signed off on the order nor has it gone through the state); it is completely misreprenting the facts of arrears in what is still the pendente lite period. Why would this be impossible that would mean that any plaintiff attorney can garnish (65%) without a judge looking at it to determine if it's appropritate or not???
In addition, as my employer are not marital law experts they have taken at almost a month to sort this out; they missed the first pay period post 14 days, and have just now moving on this; when sat down last week I let the employee relations person know that I did see a copy of the order in an email attachement with notice threatening me that if I dont act and call them etc. they will be servicing this on my employer... I never received service of the order they sent to my employer (which is a little different than the threatening email order) and my employer never served me with it either - they have just today sent it via email attachement when I mentioned this oversight. The order seems to state the following: the debtor can assert a mistake of fact within (15) days of service of a copy of the execution - also states... payments must begin first pay period (14) days following the service of the with..........which service may be made on the debtor by regular mail ...... - seems to me the onus was on my employer to serve me and they have not; how do you see it as I have not been served
Yes, I am not going to pursue anything with the employer. I am just going to try to get the stay via my documentation that illustrates all their misrepresentations and present it to them when/if I get a signature. Question: at pre trial in new york, if pro se obviously I will be able to speak, if I had an attorney do I still get to speak or only the lawyers go in the back?
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