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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87171
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am currently going through wage garnishment since 7/29/13

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I am currently going through wage garnishment since 7/29/13 for a horrendous amount that has caused me financial hardship. Do I have any rights for damages when the law office handling this judgment never notified me of the wage garnish, I found out from my employeer. also the amount owed was around $1100, my wages has been garnished for nearly $3500. Should I have the right to know the total times my wages will be hit? Each pay day I cannot meet my other financial committments causing me to fall deeper into debt and mental despair, please advise. It appears that I am being financially violated more that necessary. I did contact the law office for information and was told the person I needed to speak to was on a conference call, that was 2 weeks ago and no one has returned my call.
Submitted: 10 months ago.
Category: Legal
Expert:  Ely replied 10 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please clarify something for me? You state:

Do I have any rights for damages when the law office handling this judgment never notified me of the wage garnish...

Do you mean that the Plaintiff's attorney never served you with paperwork for wage garnishment? You only found out once your paycheck began to be garnished?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 10 months ago.

I WAS SERVED JUDGEMENT IN JUNEOF 2011, AND MADE PAYMENT ARRAGEMENTS MONTHLY FROM JULY, 2011 TO SEPTEMBER 2012 TO SATIFSY THE AMOUNT OWED. I HAVE ALL THE CKECK STUBS AND PAYMENTS TOTALED $3850, AMOUNT OWED WAS $3717. NOW IN JULY OF 2013 MY EMPLOYER RECIEVED A WRIT OF GARNISHMENT FROM THIS SAME LAW OFFICE, YET I WAS NEVER NOTIFIED OF THIS WRIT. THE BALANCE OF $1100 WAS STATED AS THE AMOUNT THAT I DEFAULTED ON. MY WAGES HAVE BEEN GARNISHED SINCE 7/29/13 TO DATE FOR A TOTAL OF $3476, THIS IS NOT RIGHT! AN HONEST EFFORT WAS MADE BY MYSELF TO PAY THIS DEBT IN 2011 AND THAT WAS DONE. THE LAW OFFICE HAS MADE NO ATTEMPT TO INFORM ME OF THIS DEFAULT, IT APPEARS THAT THEY ARE FINANCIALLY RAPING ME TO A POINT THAT I HAVE NO FINANICAL MEANING TO PROVIDE FOR ME AND MY FAMILY.

Expert:  Ely replied 10 months ago.
Thank you.

A moment please - apologies for the wait as I am typing out your answer.
Expert:  Ely replied 10 months ago.
Shirley,

It sounds like you made payment arrangements "FROM JULY, 2011 TO SEPTEMBER 2012," but after this, the Plaintiff still had the right to demand any other outstanding judgment PAST that agreement if nothing else has been put into place.

So what they then did was pursue a writ of garnishment against one's paycheck. This is allowed, except that they are normally limited to 25% or even less, depending on the circumstances. See here for an overview.

So their action per se is not unlawful, but the way they went about it may be wrong. The Plaintiff is supposed to SERVE a copy of the Writ of Garnishment unto the Defendant (i.e. you) and then the Defendant can answer, and include the exempt wages and other limits in their answer which the Court would take into consideration before allowing any garnishment.

Someone in your situation may wish to do the following:

1) File a Motion to Stay (asking the court for an immediate halt to the garnishment) back to back with a
2) Motion for Reconsideration or a Motion to Set Aside Garnishment and ask the Court to consider any limitations to what they can garnish, and, ask for sanctions/costs due to their original avoidance of allowing you do do this by not serving you.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87171
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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