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Yes, they need a court order to garnish your wages.
You should have been served with a lawsuit if this were going to happen.
If they are incorrectly reporting things on your credit and calling your employer to harass you if they do not have a court order, then you should consider filing a defamation claim against the collection agency and also reporting them to the FTC.
You can file the FTC complaint here: https://www.ftccomplaintassistant.gov/
If they did file a lawsuit and you were never served, you can file a Motion to Vacate Default Judgment and get the judgment set aside.
I did not my job said the loan company called them and said they would send garnishment papers over. The papers are a check list to fill out about my wages.
Your job should not be filling anything out without a court order.
They have NO legal obligation to fill out anything without a court order saying they have to or a subpoena saying the same.
So a court order should be sent to the job if this is being done correctly?
Your employer can demand a court order or subpoena saying s/he has a legal obligation to fill out and return this form.
However, if they really did get a judgment against you, they did so illegally because you were never served.
What county in NJ are you in?
Which court can I file the Motion to Vacate. I live in NJ and HESC is in New York.
They were supposed to sue you in the county where you live.
That is not always done, but if not, it is another reason to get the default judgment vacated and then the lawsuit dismissed.
You will want to check with the clerk of court in BOTH counties to find out where the lawsuit is.
You can just call and give your name and they will look up to see if a case was filed against you.
If their is no court order do I still go down to my county and file the motion to Vacate?
No, there will be nothing to file against. If there is no court order in either county, there may be a slight chance they filed it in some off the wall place. You should call HESC and ask for a copy of the judgment or, if your employer demands a copy, you can get one from him/her.
Here is the packet to file a motion to vacate in NJ: http://www.judiciary.state.nj.us/prose/10555_motion_supct.pdf
And this is going to be your one for NY: http://www.formsworkflow.com/d66777.aspx
It is Passaic County. Thanks for your help
You will just change the county name.
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