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I have a small computer repair shop and I am the Sole Proprietor.

The computer shop received a...
I have a small computer repair shop and I am the Sole Proprietor. The computer shop received a Garnishment Affidavit as Garnishee and me personally as Defendant. How do I respond as Garnishee as I am not employed by company? Thanks.
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Answered in 1 hour by:
5/19/2013
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7,639
Experience: Relax. Let's work together. Practical solutions.
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Hello Dane,


My name isXXXXX a licensed attorney. I am honestly sorry for your circumstances, very much appreciate your patronage, and am glad to try and help out.

Accordingly, I'm pleased to say there is a solution here. Please reference the following form:

Garnishment Answer

Let's say your name is "John Doe" and your shop is called "ABC Computer Repair". You would place a check mark in the brackets for number three on the form. Then, you would write or type in a simple explanation, such as: "Defendant John Doe is not now, and at no time prior has been employed by, ABC Computer Repair." When the form asks for dollar amounts, you would just write in zeros.

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.


I truly hope all works out for you.


Take care,


Ben, J.D.

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Customer reply replied 4 years ago
So sorry I didn't tell you earlier. The Court is:

State Court of Fulton County
Summons of Continuing Garnishment
Georgia, Fulton County

The Garnishment Answer Form you sent is for the Magistrate Court. Is there a different form?
Customer reply replied 4 years ago
Hi Ben;

We had very bad weather in Atlanta yesterday and had no electricity. Couldn't view response until quite late last night. I sent an updated question to you. Hope you got it and anxiously await your answer. Only have this week to file Answer. Thanks, Ben.

Dane

Hello again Dane,

Thanks for writing back..great to hear from you!

Glad you wrote back with the additional information, and hope your weather behaves. We had a couple of mildly stormy nights, but I've been reading about those awful tornadoes in Texas and most recently in Oklahoma.

Regarding the form, substantively what I said initially still goes. However, the good news is I can also provide you with the exact form for your local jurisdiction.

Here you go:

State Court of Fulton County Answer of Continuing Garnishment

Hope that helps some more and that all goes smoothly!

Best regards,


Ben, J.D.

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Customer reply replied 4 years ago
Hi Ben; Thanks again for your response. I appreciate the correct form. However, on the first response form you told me exactly to place a check in bracket 3 and write in zero. This form is a bit different. Any instruction in completing? I think I got it just want to be sure. Now, to be clear, you are saying what I thought, that being the owner of this little repair business does not make me an employee and as such, since I get no salary, the business does not have any funds to withhold. Since it's a sole proprietor, would they take the few dollars in the business account?

Hi there Dane,

Thanks for writing back. Good to hear from you! I truly apologize, but I've been called away unexpectedly. Realizing this matter is understandably important to you, I have opted out and opened your question rather than keeping you waiting.

No action is required on your part until you hear from a Legal Expert.

I truly hope all works out for you.

Kind regards,

Ben, J.D.


Ben, J.D.

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Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified
Thank you for your post. A different professional here. Do you still require assistance at this time?
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Customer reply replied 4 years ago
Yes. I don't know if you are able to view my correspondence with Ben, (last expert), or if you are familiar with my situation. I don't know if I need to repeat it. Would you be kind enough to let me know what you know about my situation. Thanks a lot.
Thank you for your follow-up.

I have reviewed the past correspondence that you had with Ben and understand the situation. Based on the facts if they are suing a sole proprietorship, then since the company has no liability protection, they can pursue the owner (you) for the value. But they have to list you as owner, not as an employee. Consequently if you were sued as the employee and you are not an employee, you can state so on the garnishment form and explain that the order is not properly being pursued. They could, however, still sue you personally as the owner of the store.

Good luck.
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Customer reply replied 4 years ago
I have not received anything personally as Defendant. They sent the documents to Greene Creations as Garnishee. I think Ben stated that I should check the box that said employee has not now or in the past been an employee of Greene Creations and write zero for dollar amounts. Only problem was that he sent answers for the Magistrate form. I must now file Answer as Garnishee on State Form. I was requesting assistance in completing Answer. Are you able to help with that? I probably can do it if you are unable to. Thanks for your time.
My apologies but I cannot directly fill out the forms for you, I can only explain what it would mean if you do. Otherwise what it may be considered is representation, something that we here at JustAnswer simply cannot provide you as a service. What I can say are that Ben's suggestions are correct, and you can add similar language to the state form. I have reviewed that form and you can most definitely on that form state that you are not the proper party for the debt.

Good luck.
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified
Dimitry K., Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 years ago
Good Morning Dimitry;

I'm very sorry I forgot rate service. They already withdrew the funds from my account so I just assumed the rating was just a formality. I do want to say overall I am grateful for your service. I believe I can complete the document now and it gave me a boost of confidence after using your service. Thank you for providing this service and should I need it again, I would be happy to contact you and refer people. I work with a non-profit agency that people are always seeking advice, yours was timely and helpful.
Customer reply replied 4 years ago
Hi Dimitry;

I sent in my rating but I just have one quick question. How do I find the Judge's Code? I am filing the Answer to Continuing Garnishment and the require you to always include the Judge's Code. The documents I received is not clear at all. I could hardly make out the Garnishment Case No. If there is a Judge's Code written, I can't find it. Thanks Dimitry.
Thank you for your follow-u and thank you kindly for rating my service. I will be happy to assist you again.

In the county where you are filing there is a law library where you can obtain the proper code. Contact the law librarian, ask for a template, and then based on the template fill out your own documentation.

Hope that helps.
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Customer reply replied 4 years ago
Thanks for your response. I got the info by calling the Court. They had not been answering but I finally got a human. The document is completed and I will take to Court personally. I will also mail the Plaintiff's Attorney on record.

Thanks, again. I really appreciate this service.
You are most welcome, truly. It is wonderful to hear that the informaton is timely and useful. I truly wish you the best of luck!
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Customer reply replied 4 years ago

Hi Dimitry;


 


Thanks for all your help. I completed the Answer, had it notarized, and hand delivered to State Court. They stamped it and I also mailed copy to Plaintiff's attorney.


 


However, I just noticed that there is a tiny box that reads "if checked, Defendant is not presently employed, etc. Also a line for "Garnishee further states: which I completed stating that Defendant was never an employee of Garnishee. Problem is, I didn't notice or sign that little box. Would they consider it not filed? Should I redo and refile Answer? Will they consider the Answer handled based on the statement? Also, do I need to file the same Answer every month? Hope to hear from you soon. Tomorrow is the last day to file (45 days).

Thank you for your follow-up. I would be glad to help.

If you did not fill something out, you can refile with all the proper information filled out and then re-serve the amended answer to the parties. Most likely that is a minor issue and one tat the courts would allow you to refile provided that you are still within the deadline.

Good luck!

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Customer reply replied 4 years ago

Dimitry;


 


I am so very grateful for this service. Thank you for your prompt response.

You are most welcome, truly! Good luck!

If you have any additional questions or concerns, please open up a new thread and title it "For Dimitry". I will then be notified that you are seeking me out. Please be well!
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Customer reply replied 4 years ago

Hi Dimitry;


 


This is not so much a legal question as it is one of trust in the system. Yesterday I spoke with the Garnishment Clerk, the attorneys for the Plaintiffs. Everyone said the little box left unchecked is not a problem since I made the statement that he was not and never was employed. Today is my last day and I am just a little nervous. Do you think they would say it's ok and later throw out? One last question - legal - since he is not an employee, would we still need to send in the same form every 30-45 days for the 195 days?

Thank you for your follow-up.

To be honest the error (or rather the omission) is very, very minor. Having said that, some clerks and some judges are absolute sticklers for properly filled out forms, so unless you dealt with this court before, it would be wiser to consider modifying. I agree that this is terribly minor and almost no court would give you a hard time, but it is a possibility.

In terms of sending in the form, you would still be required to send such information

Please be well!

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Customer reply replied 4 years ago

Thanks Dimitry


 

You are most welcome!
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Dimitry K., Esq.
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