Expert: Creditwrench - 7/24/2008

Question
QUESTION: I just received a garnishment letter from my employer. They forward to me only parts of the withholding order. The letter states that my wages will begin garnishment by my next payperiod. I was not aware that this could happen. I would have been proactive if I were the one served not my employer. This is a charge that happened between 2002-2003. The debt was initially with Providian, who I am guessing sold my debt to First Resolution Investment Corporation, who then hired some Attorneys to collect my debt. I am not avoiding this debt, but I was wondering what my options are, if any. Should I contact them or seek my legal aid. I want to make sure that the if the decision is to pay the debt, then should it be the amount the attorney states or a negotiated amount, something closer to the original debt and not the marked up price the attorney is asking for. Your advise is greatly needed and appreciated.

ANSWER: Legal aid isn't going to help you. You say you would have been more proactive if you had been the one served instead of your employer. Didn't you know you had a judgment against you? If not then why not? I'd ask your employer to see that letter and if it did not contain any miranda notice I'd want a copy of it. After all, a contact with your employer is also a contact with you and an attempt to collect a debt. No debt collector notice should equal a nice lawsuit in federal court.

I need to know the info above before I can really tell what you might be able to do.


---------- FOLLOW-UP ----------

QUESTION: Thank you for the advice on legal aid. I had not idea about the judgement. This is an old debt and this is the first I have been contacted. My debt was with Providian, then apparently sold off twice and is now with the attorney on record. I had not been served by the attorney on record.

I called my employer to see if there was a Miranda notice with the documents. They couldn't tell me if there was one or not. They don't know what a Miranda notice looks like. They put copies into the mail and that's about all they can do.
Is there a form that I can take to the courthouse myself to get an exemption for this garnishment. I don't know how to handle this. I work across the street from the courthouse that they filed this with. There is no stamp on the writ of execution document. There is a seal on the bottom left corner and clerks signature. The document that went to my employer has a levying officers address (Sheriff's dept.) and was signed by a registered process server. (Now I really lost). I need to get an exemption letter of some sort to my payroll dept in the next two days. Is this something I can go to the court and ask for, or do I need legal forms to get this done? Your advice is greatly appreciated.

Answer
You will probably have to get a court order for any kind of exemption and that isn't going to get done in any two days.

What basis do you have upon which to ask the court for an exemption?
That is where we will have to start.  You must have a valid reason.