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My name isXXXXX a licensed attorney. I am honestly sorry for your circumstances, very much appreciate your patronage, and am glad to try and help out.
Accordingly, I'm pleased to say there is a solution here. Please reference the following form:
Let's say your name is "John Doe" and your shop is called "ABC Computer Repair". You would place a check mark in the brackets for number three on the form. Then, you would write or type in a simple explanation, such as: "Defendant John Doe is not now, and at no time prior has been employed by, ABC Computer Repair." When the form asks for dollar amounts, you would just write in zeros.
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for you.
Hello again Dane,
Thanks for writing back..great to hear from you!
Glad you wrote back with the additional information, and hope your weather behaves. We had a couple of mildly stormy nights, but I've been reading about those awful tornadoes in Texas and most recently in Oklahoma.
Regarding the form, substantively what I said initially still goes. However, the good news is I can also provide you with the exact form for your local jurisdiction.
Here you go:
State Court of Fulton County Answer of Continuing Garnishment
Hope that helps some more and that all goes smoothly!
Hi there Dane,
Thanks for writing back. Good to hear from you! I truly apologize, but I've been called away unexpectedly. Realizing this matter is understandably important to you, I have opted out and opened your question rather than keeping you waiting.No action is required on your part until you hear from a Legal Expert.I truly hope all works out for you.Kind regards,Ben, J.D.
Thanks for all your help. I completed the Answer, had it notarized, and hand delivered to State Court. They stamped it and I also mailed copy to Plaintiff's attorney.
However, I just noticed that there is a tiny box that reads "if checked, Defendant is not presently employed, etc. Also a line for "Garnishee further states: which I completed stating that Defendant was never an employee of Garnishee. Problem is, I didn't notice or sign that little box. Would they consider it not filed? Should I redo and refile Answer? Will they consider the Answer handled based on the statement? Also, do I need to file the same Answer every month? Hope to hear from you soon. Tomorrow is the last day to file (45 days).
Thank you for your follow-up. I would be glad to help.If you did not fill something out, you can refile with all the proper information filled out and then re-serve the amended answer to the parties. Most likely that is a minor issue and one tat the courts would allow you to refile provided that you are still within the deadline.Good luck!
I am so very grateful for this service. Thank you for your prompt response.
This is not so much a legal question as it is one of trust in the system. Yesterday I spoke with the Garnishment Clerk, the attorneys for the Plaintiffs. Everyone said the little box left unchecked is not a problem since I made the statement that he was not and never was employed. Today is my last day and I am just a little nervous. Do you think they would say it's ok and later throw out? One last question - legal - since he is not an employee, would we still need to send in the same form every 30-45 days for the 195 days?
Thank you for your follow-up.To be honest the error (or rather the omission) is very, very minor. Having said that, some clerks and some judges are absolute sticklers for properly filled out forms, so unless you dealt with this court before, it would be wiser to consider modifying. I agree that this is terribly minor and almost no court would give you a hard time, but it is a possibility.In terms of sending in the form, you would still be required to send such information Please be well!
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