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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience:  Explains legal matters based on 14+ years experience.
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My wife received a wage garnishment at her work last Tuesday

Customer Question

My wife received a wage garnishment at her work last Tuesday (11-27-12) Two things:

1. According to the paperwork the judgement was entered in the court in Ventura Calif. on 5-20-2008.

2. She was never served any papers on this matter, notifying her of any court appearences or any possible wage garnishment against her.

The address they have for her on the paperwork is an address she hasnt lived at since Oct 2003. She has lived at our present address since Oct 2003. She has had her drivers license and any all income tax and all other mail sent to this address since we moved here. (funny thay could not find her).

Since she was never notified, by this so called law group ( Winn Law Group APC) of the pending wage garnishment and she never was told of any and all court appearances, is this wage garnishment legal since it has been over 4 1/2 years since it was entered with the court?
Submitted: 1 year ago.
Category: Legal
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

I am very sorry to learn of your wife's circumstances. Please clarify: is it your wife's position that she never owed any money on the debt?
Customer: replied 1 year ago.

first of all I shouldnt have said "my wife" she and I have lived together since November 2002, I think of her as my wife since its been over 10 years.


 


Now to your question, this was on a Capital One Credit card and the origional amount was just a little over $3000.00. The reason she did stop paying on the card was her ex husband stopped paying her child support.


 


What I cant understand since this was entered in the court on 5/20/2008 why did it take them so long to find her. and why she was never served any paperwork notifying her of any court dates or thay were seeking any money from her.

Expert:  JB Umphrey replied 1 year ago.
Thank you for the follow-up. Has she since gone to the court house to review the actual case file?

When did she make her last payment on the credit card?
Customer: replied 1 year ago.


No, she hasnt gone to the court house, since the first she heard anything of this was last Tuesday ( 11-27-12). She gets paid twice a month and they want 25% taken out of each check, which makes it impossible for us to pay our rent or buy food, utilities ect.


 


The last time she made any payment on the credit card was early 2003.


 


She just looked at a copy of her credit report of 8/4/2009 it lists Capital One date closed 12/2006, "charged off as bad debt"



 

Expert:  JB Umphrey replied 1 year ago.
Okay, so if her last payment was in 2003, the credit card company had 4 years to sue for breach of contract. California Code of Civil Procedure section 337. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4

Your friend may want to go to the courthouse, review the case file to see if the lawsuit was timely filed. If it was not, she can file a motion to dispute the garnishment http://www.courts.ca.gov/documents/wg006.pdf and http://www.courts.ca.gov/documents/wg003.pdf. Other related court forms can be found here: http://www.courts.ca.gov/forms.htm?filter=WG.

And she can file a motion to set aside the default judgment due to lapse of statute of limitations. A sample of this process is explained here: http://www.courts.ca.gov/12726.htm

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 22 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I want to thank you for all the help you have given us in this matter... you are a "God send".

You have given us a lot of information that we can work with...

 

Again thank you so much.... hope you have a Marry Christmas and may you have the Happest of New Years

 

XXXXXXXX

XXXXXXXX

(XXXXX@XXXXXX.XXX)

Expert:  JB Umphrey replied 1 year ago.
You are very welcome. Best of wishes to you!

~~ J.B.

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