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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
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Can a law firm garnish my wages for a time-barred debt? Credigy

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Can a law firm garnish my wages for a time-barred debt? Credigy receivables purchased a $3000 charged off debt. They added $40,000 in interest and fees, then received a judgement against me in the circuit court of Chicago. Five years later Evan's Law firm in Minnesota has the judgement transferred to Wisconsin and I just received notice from my employer that my wages will be garnished for $37,926.09 with Credigy Receivables Inc as the Creditor.
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 5 years ago.
Good evening, was the judgment entered on default and without notice to defend the claim?
Customer: replied 5 years ago.

Yes. It was entered in a Chicago Circuit Court over 5 years ago. I'm not sure Credigy was even the entity to file the suite. Evans recently had it transferred to Dunn County, then today I received notification from University of Wisconsin Service Center that my wages were going to be garnished at 20%. The creditor is Credigy Receivables, the Attorney is Evans Law firm in Roseville, MN. I believe the original charge-off was from a Discover card debt I defaulted on probably 8 years ago. It was for less than 5,000.

When I asked Evans for proof of debt, they sent me a copy of the orginal judegment from Chicago, but they had blacked out the second paragraph saying I had a right to appear before the court.

Expert:  Infolawyer replied 5 years ago.
Thanks for the clarification. If on default the proper course is to make a motion in that court. The motion would seek to vacate the default. The reason being lack of notice and challenge of the debt amount and the plaintiff's standing to collect at all. The motion is normally granted and with that any garnishments stops and if any took place, that money would be returned. It can be filed alone or using a local lawyer. Good luck!!!

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Customer: replied 5 years ago.
Does the motion to vacate need to be made in Chicago or Dunn County, Wisconsin?
Expert:  Infolawyer replied 5 years ago.
You would do so in Wisconsin. That is where the judgment is entered and has jurisdiction. You may also alternatively consider negotiating a settlement for a fraction of the balance as a nuisance value. Good luck!!

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