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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32907
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I received a court ordered garnishment from my job but never

Customer Question

I received a court ordered garnishment from my job but never was served the subpoena for the actual court date.
JA: Because laws vary from place to place, can you tell me what state the court order was issued in?
Customer: Illinois
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: I dont know what the debt the collection agency has won against me
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and then connect you two.
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 8 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 8 months ago.
How do I dispute the judgement due to the information listed above?
Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 8 months ago.
huh
Expert:  Dwayne B. replied 8 months ago.

Were you ever served with papers saying you were being sued?

Customer: replied 8 months ago.
No, sir.
Customer: replied 8 months ago.
I received the garnishment papers from my employer. Thats after the court date and judgment.
Expert:  Dwayne B. replied 8 months ago.

You can file a Motion to Vacate Judgment. Many of these debt collection agencies claim that they serve people when they actually don't. Some have been sued repeatedly by the FTC and the AGs of the various states.

You probably want to get a lawyer to file the Motion to Vacate, you chances improve dramatically if you use a lawyer. Then, if the judge grants the motion you can decide whether you want to keep the lawyer or do it yourself. You can even ask the judge to order the other side to pay your attorney's fees.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Expert:  Dwayne B. replied 8 months ago.

The lawyer can probably get the judge to stop the garnishment until this gets sorted out as well.

Customer: replied 8 months ago.
How will I go about finding out who the collection agency is collecting for? I tried to contact them repeatedly, but to no avail.
Expert:  Dwayne B. replied 8 months ago.

It should say in the petition that they filed. These debt collection companies are known for filing past the statute of limitations, filing against the wrong people, etc. Run a Google search for Midland Funding and look at what comes back. I don't know if that is who filed against you but they all work about the same.

Customer: replied 8 months ago.
I typed Midland Funding and "CGR Services" which is the agency that is garnishing my check. Attached is what came up.
Expert:  Dwayne B. replied 8 months ago.

That looks likes a paper from a continuing legal education seminar.

The Motion to Vacate is the only way to get this cleared since the trial court has lost jurisdiction to hear anything else. You want to move as quickly as you can and, again, a lawyer is a good idea although it's not required.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Consumer Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.