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I received in the mail sat a notice for execution against…

I received in the...

I received in the mail sat a notice for execution against wages in the mail from a capital one card I know nothing about nor had I been notified about this, the letter said I'm to notify the court with in 10 days or they will garnish my wages what can I do to stop this

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

Nj and no I'm doin this alone

Lawyer's Assistant: What steps have you taken so far?

Just got the letter saturday

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just want to know whats my next step b4 this happens and what r my rights

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Answered in 5 minutes by:
3/25/2018
KLAW
KLAW, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2,372
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Good afternoon. I am a legal expert attorney who will assist you today
KLAW
KLAW, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2,372
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
Verified
KLAW and 87 other Consumer Protection Law Specialists are ready to help you
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Customer reply replied 3 months ago
good afternoon did you read my questions I sent
Customer reply replied 3 months ago
rather text
Customer reply replied 3 months ago
hello
Customer reply replied 3 months ago
still waiting for an answer
I am working on your answer niw
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Now
Ask Your Own Consumer Protection Law Question
Customer reply replied 3 months ago
I didn't receive the response it just keep asking if I want to talk live which I don't I rather get my answers through text message
OkI’ll text
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How old is the debt? What type of debt is the garnishment order arising out of?
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Customer reply replied 3 months ago
the debt is from 2013 its a capital one credit card
Ok
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When was the last payment made to the card.
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Customer reply replied 3 months ago
don't know the notice for execution against wages letter doesn't say its just telling me how much of my pay they can take per wk and that I need to respond or they will take action
Customer reply replied 3 months ago
I'm getting the notification of ur responses but I'm not getting your responses
Customer reply replied 3 months ago
last response I got was when u asked when was the last payment made
A little background. Before your wages can be garnished in New Jersey, you must first be notified in writing. This happens when the plaintiff that won a lawsuit against you requests a garnishment order from the court and sends you a Notice of Application for Wage Execution. That is what you received in the mail.The notice advises you of the amount to be garnished and your right to object to the garnishment. You must file your objection with the court within 10 days of receiving this notice.You can object but you need to explain why you are objecting to the garnishment on both the paperwork, improper or defective service, (you didn’t receive the original summons), any SOL defenses, and improper amount in the summons. Many people object on the grounds that the garnishment amount is greater than what is allowed by law. In NJ, there is a cap on what can be collected out of each pay. This cap consists of the lowest amount of:
10% of your gross wages
25% of your net wages
the amount by which your gross wages exceeds $217.50 per week
These caps are set by New Jersey law, and judges must follow them, but sometimes a judge will bend the rules and lessen the withholding after a hearing.You must file the objection with the court that issued the order. After that you will be given a hearing and can explain to the judge that you were never served and raise the other defenses that may apply, SOL, improper service, and amount is incorrect. This must be fine within the 10 days.I hope this clarifies and helps.
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Customer reply replied 3 months ago
excellent I guess theres a lag between my response and your. Since ive never been served to begin with would the judge allow me to fight this and maybe work something out with the plaintiff
Customer reply replied 3 months ago
whats sol
That is the Statute of Limitations. It is 6 years for credit cards, like Capital One.
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Your strong argument is the fact that you we’re not served, which is common in New Jersey. Judges don’t like default judgments if you didn’t have a chance to fight the case merits in court
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Customer reply replied 3 months ago
great thank you very much I will go to the court tomorrow you have been a great help. :)
You’re welcome.
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