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ChrisGA43

Garnishment Help

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Hello all.

Georgia resident here with a few questions about garnishments:

 

Edited to add: Due to an ongoing illness and medical costs I have 3 revolving accounts that have went to collections.

 

A CA originally filed a judgment summons in my county of residence. I was unable to attend due to a hospital stay and the judgment was awarded to the CA by default. The CA then proceeded to attempt garnishment action in my county of residence, but my work agency requires filing garnishment actions in the county where our home office is located, which is Dekalb County. The garnishment was enacted and was satisfied on Jan 15th after 6 deductions were taken from my paycheck.

 

On Friday I received several "Ambulance chaser" offers from various law-firms in the Atlanta area wanting to help me stop a garnishment that was filed by this same CA on Feb 21st in Dekalb County Court. I have yet to be served any summons or notices of actions by the courts or the CA.

 

I was under the impression that a seperate Judgment had to be obtained for each garnishment action that was filed.

Can a CA use a single Judgment as a means to garnish a persons wages for more than one account? 

Edited by ChrisGA43

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37 minutes ago, ChrisGA43 said:

Can a CA use a single Judgment as a means to garnish a persons wages for more than one account?

No.  You need to get copies of EVERYTHING in the court file.  Until you see what the court sees you are only guessing at why they are taking their actions at garnishment.

 

Sadly, you could have filed for a continuance due to being hospitalized or had the judgment vacated for excusable neglect for being in the hospital but that is moot now that they have garnished the wages.

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You could try a motion to have the judgment vacated due to illness, there is always a chance it might be successful.  Usually the court sits on the funds for a period of time before turning them over to the creditor. What the heck, it's only a couple of pieces of paper, worth a shot.

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The fact that you are suddenly seeing letters but have not been served is your clue that SOMETHING new has been filed with the courts.  Many offices use the subscription services offered by the Clerk, with some getting civil and some getting the notices of criminal filings.  They then shotgun letters to the address of record for the defendant/respondent in those new cases.  This is your clue to check and see WHAT is pending. 

 

Only after you get proactive and know what is out there can you begin to formulate ANY meaningful plan of action!

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