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My county courts issued a standing order that a garnishment can not be filed without an active judgment what does that mean.

Snellville, GA |

I received a notice from a collector but there is not a judgment for me on my county court records for that collection. What can I do about it is there a way to counter that
Thanks.

Attorney Answers 3


  1. You've misunderstood Gwinnett's standing order. All it means is that when and if a garnishment is filed, the creditor at the point they do it must present a fi fa. That has nothing otherwise to do with a creditor contacting you.

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  2. That means they cannot garnish you in that county, unless there is a judgment recorded to another company which debt was purchased by the current collector. However, they may be garnishing you through another county where your bank or employer has a headquarters office.Without telling them anything, write to them and ask for proof they have a judgment against you and what county it is in. If they do not provide this proof, they may be a bunch of crooks. Keep all proof of contact from them, including envelopes, in case you want to sue them later if they violate the FDCPA rules.

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  3. Also, keep a close eye on your bank account and paycheck (your employer should provide clear information if your check is about to be garnished). I have met several clients who indicate they never received notice of a lawsuit or garnishment from a collector, and then the garnishment suddenly hit.