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We are a 74 year old couple who received a 'Writ of

We are a 74...

We are a 74 year old couple who received a 'Writ of Garnishment with Notice of exemption and pending Levy' We don't know what to do. We are on social security and annuity. What can we do. Should we just file for bankruptcy?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

We are currently in Arizona and this notice was originated in Colorado.

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

None

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We were working for a company in Hawaii building houses back about 15 years ago. The owner of the company passed away so we could no longer do any jobs. We turned over the uncompleted job to another contractor who took over and completed the job, but the client was not satisfied so she sued us instead of the company. We did not know of the court hearing nor the out come until we were served with the judgement stating we owed thousands. We thought they were supposed to go after the company and not the employees. We thought it was out of our hands once we turned the job over to the new contractor.

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Answered in 5 hours by:
6/4/2018
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,809
Experience: Attorney experienced in commercial litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Social security benefits, retirement benefits, retirement annuities are exempt from garnishment/seixure for all but government debts. You need to file the exemption and you need to state in there that all funds sought to be garnished/levied are retirement funds exempt by law from seizure.

I know affording an attorney is tough, but you can go to legal aid to get representation on this and have them file to appear in court on the exemption and have the levy thrown out.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,809
Experience: Attorney experienced in commercial litigation.
Verified
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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