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I am sorry to hear of the aggressive collection practices that you have been subjected to. The first thing you must do is have the judgment set aside on which the garnishment is based because without setting it aside, nothing can be done. You would file a Motion to Set Judgment Aside and Request for Rehearing. You would state in your Motion the reasons that the Judgment should be set aside and include that you were not served, had no notice of any hearing, and that some of the charges are not yours and others are incorrect.
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EXActly what or how do I word the pleading. The title that goes next to the plaintiff and defedant.
I am not quite sure that I understand your question. If you are asking how the pleading should look, the case caption is on the left side of the page. You would put the name of the creditor first, then under their name and a little over to the right you would put "Plaintiff". Skip a line and then type the letter "v." for versus. Skip a line, then type your name and under your name and to the right, put the word, "Defendant". To the right of this box, put the Court Number of the case in which the creditor sued you. Then go halfway down the page and in the middle, center the name of the pleading, "Motion to Set Judgment Aside and Request for Rehearing" ,
Yes, Motion to set Judgment Aside etc was the tital I needed to know. I am pretty good with preparing pleadings, - - - - just knowing what they are supposed to be called is my problem.Now - still a couple more questions. The garnishment is from a credit collection agency and I do not know exactly what for, so I will use that as one of the reasons to set aside. It could be 5 different bills. BUT - the paperwork says MY NAME et al - - and the garnishment is against my husband's employment. My husband's name is XXXXX XXXXX any of the lawsuits. How do they even know if we are still together? Very confusing with absolutely no names of the people who are owed money to. Especially since the suite is against me. Maybe you can explain so it makes sense.
It is confusing because the collection agency made it confusing. Although you should still go through the steps to have the judgment against you removed, if the collection agency did not name your husband in any of the lawsuits, they cannot garnish your husband's wages. One has to be sued first, before they can ask the Court for a Writ of Garnishment which they need if they want to garnish anybody's wages.
So exactly what does the "et al" after my name mean. Forgot to ask that earlier. the lawsuit states my name et al in the judgment. And wouldn't the collection agency file a suit on behalf of the person who the money is owed to? Instead of a lawsuit in favor of them? You are right, it is confusing. Since I never had any dealings with this agency I do not owe them money. If I owe money to anyone else then they would be collecting for that party. I can't believe that my husband's employer would even accept a garnishment against his wages for a judgment that is not in his name.
Good morning,, Gayle,
1. "et al" means "and others". The first pleading which I the Complaint must name all the parties who are Defendants. Subsequent pleadings need not name all the Defendants; the Plaintiff can list the first Defendant on the list and then state, "et al";
2. The collection agency is probably a collection company which buys debts which the first creditor has "charged off". The first lender/creditor sells its charged off accounts to collection companies for literally pennies on the dollar and assigns all of the right, title, and interest in and to these accounts to the collection companies. Therefore, the collection company becomes the creditor and you owed the money to them since they bought your account and the are the real party in interest when it files a lawsuit against the borrower;
3. If your husband was not named as a Defendant in the Complaint, then the Court had not personal jurisdiction over your husband and should not have issued a Writ of Garnishment to the collection company. Take a look at the original Complaint because that is what is controlling, and see if your husband is named as a Defendant. He would not have to be named in subsequent pleadings.
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