There must be a Judgement against you. The creditor can request an Earnings Withholding Order and have it served on your employer. The creditor does not have to notice you. You, however, are entitled to file a Claim of Exemption with the court to lower the garnishment amount.
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If your wages are being garnished, it means a court action was held, and you were defaulted, meaning you didn't show up or file an answer. Unfortunately, this happens all too often, process servers sometimes lie, mistakes are made, and it's frequent for people to find that their first notice of an action is when their wages are garnished.
You have a couple of choices - you can hire an attorney to seek to set aside the judgment and defend the case. Alternatively, you could consider bankruptcy, if the rest of your financial picture supports a bankruptcy and makes it a valid choice.
I suggest you get a consultation with an attorney who does both bankruptcy and debt defense work, and analyze your options.
Good luck, and remember to designate a best answer!
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If there is a garnishment order, the involvement of the court is over. If you were not properly served, then you may have an argument to set aside the judgment, but that costs money and you would then need to go in and defend the suit. It is likely that you have other debts out there as well. Consider scheduling a consultation with one of the many qualified debt settlement and/or bankruptcy Avvo attorneys.Ask a similar question
Did you receive a paper called a "Summons"? Were other papers also given or sent, or left, for you? These would be a "Complaint" and some other forms. If you did not file an Answer (or other pleading) with the court within the prescribed time (30 days if personally served, longer if substitute service was used), there was no court date. The judgment was entered by default. If you want to contest the garnishment you must file a Claim of Exemption and/or file a motion to vacate the judgment.Ask a similar question