Debt buying company trying to garnish my wages for an 11 year old debt. Can prob claim H.O.House but do I respond? Lawyer up?
I presume, I should answer the claim of exemption, with the option "I'm head of household and provide support for a dependent and make less than 750$ per week, I have not agreed in writing to have my wage garnished." My only concern is the case no 08-990-cc-25-4 doesn't seem to be valid/real in the Miami Dade system database. Any advice or suggestions will be considered, Covid has made seeking legal help financially scarier than usual.
4 attorney answers
Be advised that even if you're head of household/family, other assets can be seized. You need an attorney ASAP to fight for your rights.
You should be aware of the existence of the judgment for a variety of reasons including the details of the case number etc. Its always a good idea to have the lawyer help fill out the exemption form and attend the hearing to avoid things going off the rails especially due to covid.
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I would never tell someone not to seek professional assistance. However, the garnishment system is set up for self help. You have correctly detailed the steps you need to take to defend the garnishment. Don't forget to serve a copy of your response on the attorney for the judgment debtor. Best to either deliver it by hand or use a service which will prove the date/time of delivery and the name of the person who accepted it. As far as the case number, go to https://www.miami-dadeclerk.com/ and you can look up your case by your name. Look at the top of the page and confirm that the case is a Miami-Dade case. It could be from another County, in which case you can search for the Clerk of the Court of that County and confirm the case number. Expect a hearing to be set by the Judge and expect to have to prove your assertions.
Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.
First, sorry to hear of your financial issues.
Second, garnishment is not something a creditor needs you to agree to; rather, it is a right when a judgment debtor has filed to pay the debt.
Third, the amount of garnishment is governed by the garnishment documents which each state has its own.
Fourth, judgments may often last many years; in my state a judgment is good 10 years and renewable for 10 more in fact.
Fifth, get a copy of the docs if you dont have them. In morning call the court clerk upon which it states on such docs. Then ask them..but I doubt it would be false. You can ask them about the # that you obtained from somewhere.
Sixth, I dont know if bankruptcy is an option but you might look into it now if it is. If it is an option filing would stop garnishments the second the case is filed by law. Then depending on your states laws, whether you can keep any amount already garnished by your filing date.
The forms you might look at the definition in your state statute on your answer too as it may set forth those answers.
Good luck and hope the best for you.