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How do I stop the garnishment? (After judge set aside default judgment 1 week ago) But, trial is in July?

Royal Oak, MI |

How do I stop the garnishment? I have a upcoming trial in July. Was recently granted motion to set aside default. Provided the judge a copy of bank statement payment to original creditor. 2nd Third party plaintiff, has only proof of account transfer. How do I stop the garnishment before the July 22nd trial date?

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Attorney answers 5

Best Answer
Posted

Call the attorney/party on the other side and ask them to withdraw the garnishment.. they have no right to a garnishment if the judgment was set aside. Tell them if you bring it up to the court you will as for damages.. they should withdraw it voluntarily.

Plus you have a right to file an objection/motion to quash the garnishment

Please note that I answered this question with general knowlege of the law and with limited disclosure from you, my answer does not create an attorney-client relationship and I cannot be held responsible for how you, the asker, use the information provided. If you want to contact me directly and retain my services you may through my listing on this site or at 248-901-0750 or james@weineresq.com.

Asker

Posted

Thank you, easier said than done. Should I also get an attorney? Interested?

James T. Weiner

James T. Weiner

Posted

If you want you may call my office, I would be happy to assist you. 248-901-0750 is my phone.

Posted

It is a little difficult to follow the facts presented. However, the remedy you are looking forward is a Motion to Quash. In addition, you should consider speaking to an attorney immediately given the fact that the matter is set for trial.

My comments are general in nature, are not legal advice as to your specific issue, and do not establish an attorney-client relationship. Disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of me. The exact nature of your legal situation will depend on many facts not known to me at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.

Posted

Although the facts are not very clear, it appears that the creditor filed a Motion with the court to obtain an order to garnish your wages after obtaining a judgement against you.If the judgement is what was set aside, then you will need to file a Motion to Squash Order of Garnishment based on the fact that it was set aside.

Posted

File objection to garnishment. See attached MC47

This does not create an attorney-client relationship

Asker

Posted

Does this require a separate hearing ? If, so, will it be sooner than the July trial date? Will they repay any money collected, when they lose?

Raymond J. Pater

Raymond J. Pater

Posted

That will require a hearing. You should get it heard within a couple weeks. The Court may order that moneys collected be returned, depending on the facts of the case. You should hire an attorney who can learn all the facts and take the required action.

Posted

You have a violation of the FDCPA. Contact an attorney to help you through the process.