Ok so ive been working through an agency but through them ive been in the same factory for 2 years..when i noticed my wage garnishment was the first paycheck that i saw a deduction..so i went to my factory HR and asked her whats going on and she replied "oh you owed something and there taking 25% of your check ..i told her what how come i didn't even get the form to at least lower the % .my HR replied "oh didn't your agency notify you and that was that ..i never even received any kind of form or anything from agency employer or my factory HR until first check it was taken..checked the paperwork and SUMMONS WAS SEP/23/16 THEW G-002 JUDGMENT COURT DAY ENTERED WAS 10/02/17...REGISTERED PROCESS SERVER DATE 5/21/18..MY GARNISHMENTS DIDN'T START TILL AUGUST SEPTEMBER WHEN I GOT MY 1ST GARNISHMENT..there something fishy..what can i do
The fastest way to stop the wage garnishment is to file for Bankruptcy. The other issues are not relevant to the validity of the garnishments. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced CA bankruptcy attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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Even if your employer did not provide you with a copy of the garnishment, that in itself is not going to stop the garnishment. A bankruptcy filing will stop the garnishment or you can call the attorney who issued the garnishment and discuss setting up a payment plan to resolve the debt in lieu of the garnishments. I recommend speaking to some experienced bankruptcy attorneys in more detail to determine your best course of action.
The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation
Typically you are notified but had you been what would change? A judgment is good for 10 years, can be renewed unlimited number of times and typically carries interest. Is bankruptcy an option?
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