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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5491
Experience:  Exclusively practice labor and employment law.
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I am a texas resident for four years and before that I was

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I am a texas resident for four years and before that I was a tennesse resident for three years. I recently received a notice from my employer that my wages were garnishen in michigan and they havew began deducting 25% of my wages. I checked my credit report and this collection firm had been in my credit report which shows my address in texas as well as my employer. They servewd the papers at an old address in michigan that i lived at over 8 years ago so I would not know what was happening and could not show up to fight it. What should I do?
Hi thanks for submitting your question today. The first thing you will want to do is file an objection to the garnishment of your wage. You can find the form for that here. Then you will have to motion the court to set aside the judgment. You can find the form to file this here. You will need to file both of these with the court clerk of the court in which the judgment was entered. There is a $20 motion fee for filing a motion. Further you will need to serve these on the opposing party. You will then have a hearing (it will be in the judges discretion to possibly let you appear by telephone) during which you will need to present that you were not properly served. Unfortunately less scrupulous attorneys and process servers will forge the defendant's signature on a proof of service. So if you have recent signature samples bring them to the court with you. And likewise be able to explain that you did not receive the original summons.

It is crucial you get the objection to the court within 14 days of when the employer mailed it to you or you jeopardize the garnishment being permanent. You are going to have a hearing on the objection set up at some time within the near future, probably around 21 days from the date of your objection. There is no requirement that you file the motion concurrent or at the same time as the objection but you might as well file them concurrent because a) you can have the hearing for the two on the same date, and b) the issues addressed on both matters are virtually identical - i.e., you were never properly served and had no notice of the underlying action against you.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

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