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Ask C.Fortunato Your Own Question

C.Fortunato
C.Fortunato, Attorney
Category: Legal
Satisfied Customers: 8023
Experience:  Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
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i was served with garnishment papers from a court in Alabama

Resolved Question:

i was served with garnishment papers from a court in Alabama however I currently live in Michigan how should i address this.
Submitted: 1 year ago.
Category: Legal
Expert:  C.Fortunato replied 1 year ago.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Consumer Protection attorney here to assist you.

cfortunato :

For the creditor to get a garnishment order, that creditor had to first get a judgment from court. This is done with a court proceeding.

cfortunato :

Were you living in Alabama at the time the creditor got the judgment?

Customer: no
cfortunato :

If you were not living in Alabama at the time the creditor got the judgment, that creditor got a "default" judgment.

cfortunato :

You should first call the clerk at the court that issued the judgment to explain that you do not live in Alabama and you were not living in Alabama when the default judgment was issued.

cfortunato :

A court in one state cannot issue a judgment against someone who lives in another state.

cfortunato :

To get a proper judgment, that creditor would have to sue you where you live - in Michigan.

Customer: i sent a letter to the judge stating this and i sent a letter to the creditor requesting more information how they arrived to the amount they requested
Customer: now they are asking or my employer information and financial information
Customer: *for*
Customer: i sent a validation to stokes and clinton and received no answer
cfortunato :

Who is asking for your financial information?

Customer: *letter*
Customer: the office of stokes & clinton
cfortunato :

The court has to dismiss the judgment. The law office that filed the lawsuit will continue to try to collect the judgment until you get the judgment dismissed.

Customer: i sent an appeal letter and the clerk said the judge did not take notice of it
cfortunato :

Sometimes this can be handled by mail, and sometimes it cannot be handled by mail.

cfortunato :

If you cannot go to Alabama, you can hire an attorney to handle the motion to dismiss the default judgment.

cfortunato :

This is a simple proceeding, so it should not cost much.

Customer: so once they get it dismissed then what happens
cfortunato :

Then the garnishment papers are also dismissed.

cfortunato :

They will not be able to try to collect the judgment.

Customer: ok so then the only way for them to do the garnishment is by filing it in a mi court
cfortunato :

Yes.

Customer: so i am wondering if you would know the likely hood of them filing in a mi court
Customer: or me worrying about them in the future
cfortunato :

How did they get your address in Michigan? Were the papers forwarded from Alabama?

cfortunato :

Did you originally live in Alabama?

Customer: what kind of lawyer would i have to hire for this. i went to college in al and i was making payments but could no longer afford them i tried to get a credit counselor to talk with but they refused to budge and pushed on with the garnishment they were presented with a document of my expenses supporting i was unable to make payments
Customer: they spoke with them prior to it being filed in court
cfortunato :

Who spoke with them? The debt consolidation company?

Customer: yes.
cfortunato :

Does the creditor have your address in Michigan?

cfortunato :

How much is the judgment for?

Customer: yes
Customer: abtXXXXXfees
Customer: 7500 roughly
cfortunato :

Then it is likely they will go to a Michigan court to register the judgment so they can collect it in Michigan. But until they do this, they do not have the right to collect it in Michigan.

Customer: how long do they have to do this is there a cutoff time
Customer: so if no dismissal if filed the garnishment is at a stand still until they come to mi
Customer: *is*
cfortunato :

That is correct.

cfortunato :

10 years.

cfortunato :

You can at that time hire an Alabama attorney to have the judgment dismissedd.

Customer: can this stand still have a negative affect on me in any way
cfortunato :

Well, the judgment will appear on your credit report.

cfortunato :

Did you see my response regarding the type of attorney you would need?

Customer: it havent started because they do not have any of my information which they requested and no i did not see it
cfortunato :

And at this point, you do not have to provide any information to them.

Customer: oh ok so it is suggested that i hire an attorney once they prove that they have my information they are requesting because once it gets dismissed then they will likely come to mi
cfortunato :

The best way to find one

Customer: is there a certain amount of time that i have to file for the dismissal
cfortunato :

is to call the Alabama Bar Association. The number is(NNN) NNN-NNNN

Customer: what kind of attorney do i need
cfortunato :

A "Consumer Protection" attorney.

cfortunato :

No - there is no time limit to filing a motion to have the judgment dismissed.

Customer: is it suggested that i try to talk with them to come to an agreement
cfortunato :

A "Consumer Protection" attorney.

cfortunato :

Yes, but you cannot expect them to accept less than around 50% of the judgment amount.

cfortunato :

And if you do come to an agreement, it is important to get the agreement in writing before you pay anything.

Customer: i already paid them 1800 in payments should this be considered when negotiating
cfortunato :

Yes - if they have not already deducted the amount you paid from the total due, they should deduct that amount before negotiating.

Customer: ok well thanks you relieved me of a lot stress and shed some light on the tactics of debt collector i will proceed accordingly have a blessed day.
cfortunato :

You're welcome!

cfortunato :

I am happy I was able to help set your mind at ease.

C.Fortunato, Attorney
Category: Legal
Satisfied Customers: 8023
Experience: Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
C.Fortunato and 9 other Legal Specialists are ready to help you

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