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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38225
Experience:  17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I just found out the I have a judgement against me payment

Customer Question

I just found out the I have a judgement against me for over payment of unemployment a few years back. They will not take payments at this late date. I got the notice at the end of Nov. Can anything be done? They are going to take 25% of my net salary.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Unfortunately if you receive overpayments for unemployment benefits and the state pursued this in a civil suit with a judgment being granted, if they won't enter into a payment plan with you, then they have the right to seek a garnishment of your wages up to 25% by law until the overpayment is repaid.

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If you never received any notice of the lawsuit against you for the overpayments, then you could file a motion to have the judgment set aside on the basis of it being a violation of your procedural due process rights to receive notice of any legal action against you and an opportunity to defend. If the judge threw out the judgment, the state would have to start over with a new suit against you.

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But if you did get notice they were pursuing this civilly, then your only option would be to file an objection to the garnishment action and argue to the judge that 25% was too much of a financial burden for you and see if he would reduce it to a lower amount.

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thanks

Barrister