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Roger, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My wages have been garnished since last June for an old credit

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My wages have been garnished since last June for an old credit card balance from 7 years ago. I was offered a settlement which I couldn't afford, so they garnished me. Fine. I have been paying out of each check since June. But 2 days ago, I received another garnishment by the same legal firm. Different amount, different case number, but I was never given any information about this including any court date. I have no idea what this is for. I called them. They said they would call back and haven't. I am scared and really don't know what to do. How do I fight this?
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'm sorry for your trouble with this, but l'll be glad to assist.

The only way a garnishment can be issued is if there's a judgment against you, so if there's no judgment out there, then this sounds very fishy. IF the garnishment doesn't provide the details and the basis for the garnishment, you should consider filing a motion to quash the garnishment to stop the garnishment at least until you find out what is going on.

Also, there can usually only be one garnishment at a time, so this one should not be able to begin until your current one ends - - which should buy you some additional time.

If the law firm will not tell you what the basis for the garnishment is, then you should consider consulting an attorney about filing a motion to quash in order to find out what is going on.
Customer: replied 3 years ago.

Hi Kirk ~ thank you so much for helping me. So, if I go to the courthouse tomorrow, will they be able to help me file a motion to stop the new garnishment? I really am very confused, so your reassurance is at least calming me down. Again, thank you!

You can file a motion to quash the garnishment, which will buy you some time to figure out what is going on. You can see if the clerk has a form for this, and if not, you may have to seek the assistance of an attorney.

The court clerk should also be able to tell you what the basis for the garnishment is.
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