My son had a garnishment started coming out of his pay check without any notice thereof. He was never served and allowed his 30 days to answer the legal proceedings. He has called the law firm that filed the garnishment multiple times and they refuse to give him a copy of the garnishment. He has also called the court that issued the garnishment and they too have refused to send him a copy. They told him he would have to come to the courthouse and be served, since he was never served. He cannot even get a copy from his employer, CVS. Can they begin the garnishment deduction under these circumstances? We are in the state of Alabma.
Country relating to Question: United States
State (if USA): Alabama
He has tried to talk with all the properties involved on numerous, numerous occassions in the last week, but with no avail.
Hello and thank you for the question. I am sorry to read of this dilemma.
Is there a judgment?
is it on default?
there was a garnishment judgment.
it's not on default.
Do they claim he was served?
is there an affidavit of service?
No, the court said he had not been served yet, we have not seen an affidavit of service.
If never served, it should not have taken place
it would be basis for challenging the garnishment
which would delay it
practically, best to see if can work out a settlement payment plan
conditioned on no garnishment
as long as makes payments
The court said, they had sent garnishment orders to his employer, the employer had not answered but had begun the deductions. The lady in the clerk's office said they would hold all monies deducted until he was served. Can they do that? Can they start garnishing and deducting before he is served?
They should hold it
But this should not have taken place until he was served
they jumped a step
He tried to work out a payment plan with the law firm who filed the garnishment, but they would not work with him. What do you suggest we do?
You can try again
negotiate through a lawyer
threaten to take them to court to vacate it
threaten to leave the employ and leave them with nothing
explain financial hardship
these are the general strategies
Yes, I thought they jumped the gun. He explained the hardship, because after the deduction he was left with only 380.00 for 2 weeks.
Try these other measures too
often helps if presented by a lawyer
they will want to settle then often
and avoid another court battle
or having claim erased in bankruptcy
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