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Collections Law/Wrongful Garnishment
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Question
Hello,
Last pay period I noticed a shortage on my pay and found out that there was a garnishment on my paystub without my consent or any notification at all.
I tracked it down and it was from a law office that serves debt collection. This is for a credit card that I haven't paid for due to lost of home and business, but will eventually pay off. I contacted the law office and ask why I wasn't notified. They explained that a default notice and levy was sent in Jan-Feb 2008, I asked what address they sent it to; apparently it was an address I haven't lived in for over 3 years. Pretty sure that there was a change of address filed with the post office. They did not get any of the notices they sent returned but yet they were able to track down my employment. Hard to believe. Even the IRS has my correct mailing address.
What are my rights? I feel violated; someone taking my earned income (that I need to support my family with) without notification.
You don't really have any rights here. It is not a matter of rights but a matter of whether or not you were properly served. To find that out you need to go to the clerk of the court and ask to see your public records then look in the case file for the return of service certificate and see where you were supposedly served. If that says they served you at some place you didn't live at or has some other discrepancy then you need to file a motion to vacate or for rehearing in order to try to get it overturned.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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