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I worked for an insurance agancy for 6 months but was under

contract approx 8 months. I was...
I worked for an insurance agancy for 6 months but was under contract approx 8 months.
I was able to purchase insurance for my family, infact they were pretty subversive, but we essentially HAD to purchase coverage for our family if you wanted a chance to keep your job. Of which I did, I purchased life insurance policies on my kids. I got a commission on it & I paid on them for about 5 months, then had some unauthorized activity take place on my check book and the policy premium was not paid and they lapsed. I asked the GA to help me get them reinstated (because they had a policy that if you purchased a family policy, you had to keep it in force for 6 months or pay back the commission) He did help me reinstate them. Shortly after that reinstatement (about 3 weeks) he told me he was not going to retain me due to my production. He owed me $400 in commission and I knew I had one or two more months to pay on the policies to get to the 6 month mark. I made SEVERAL attempts to get the final commission due to me paid or applied to the premium of these policies with the agent and the agency - they never returned my calls. Finally he decided to collect the 6 month back commission via a collection agency - I attended the first hearing, to have it deferred to another date - I received notice of that hearing AFTER the date, so I did not attend and he Won by virtue of me not attending the hearing. Here are the issues. (1) He is garnishing my husbands paycheck (even though I was the one employed?? - what legal course is this) (2) He is collecting on the policies that were reissued - of which is was NEVER paid a commisson on. (3) My commission of $400+ was never given to me, rather it was applied to the commission owed - how can he decide to withhold earnings at will?
(4) What recourse do I have with this?? The total premium for 6 months was about 1100 of which about 750 was paid, I was paid about 1500 in commission, and he was given an override commission of 150, he held back my $400 in commissions AND he has a court order to receiveXXXXXcosts.
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Answered in 48 minutes by:
9/27/2013
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,050
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your response. I look forward to working with you to provide you the information you are seeking.

They are garnishing your husband claiming this was a community debt, since your pay from commission was something that was a benefit to the community.

Because he obtained a judgment against you because you did not get a notice of hearing and chance at due process, your recourse next is to file a Motion to Vacate default judgment in the court that issued the judgment and you have to prove you did not receive notice of the proper hearing date, there are legitimate matters in dispute in the case and that you have been deprived your constitutional due process in this case.

You are going to have to file the motion to vacate now to do anything to stop the garnishment. You really should us an attorney for this motion, it greatly increases your chances of success.

As far as the money he owes you for commissions, this is something you can file as a separate suit in small claims court against him to seek payment of wages and you can ask for up to 3 times the amount due based on proving he was in bad faith in failure to pay you wages due. You do NOT need an attorney to file this suit if you do not want to use one.



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Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,050
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 years ago


I replied that my service was excellent. I particularly liked how prompt the reply was.


 


Can I ask, How much to file the motion to vacate default judgement??


 


 

Thank you very much.

We cannot file anything for customers of this site, we are forbidden by law from representing anyone from this site and all we can do is tell you that you need to get a local attorney from one of the sites used by other attorneys, http://www.martindale.com, http://www.lexmundi.com or http://www.hg.org

A local attorney is likely to cost you about $1500 to fight to vacate this default.
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