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?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).