Unlawful Wage Garnishment in CA?

by T
(California)

I had a "law office" allegedly serve me a Summons and then a Default Notice. My employer recently received the document requesting my wages be garnished. I immediately contacted the "law office" and asked to speak with the atty who's name was on the paper work my employer received. I was transfered to someone named Frank, who refused to give me his last name and was not an atty. When I explained to him that I had never received notice of this lawsuit nor the default he basically said I was lying. I asked him to please tell me when and who was served. At first he would not give me the info but eventually pronounced a "word" and said the person only would give their first name. I asked why I was not served and he said because I was hiding from them. He would not give me the name of whomever allegedly accepted the default judgement. I explained to him that I did not think this was fair as I was not given a chance to appear before the judge and he said that basically it would make a difference because I owed the money and they are going to get it from my employer thru the wage garnishment.

Is there anything I can do to ask that this be set aside and that I be served properly and given a chance to defend myself? I would greatly appreciate any suggestions you might have as I really can not afford the garnishment as it is almost 800.00 a month. Thanks

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Feb 17, 2011
Illegal wage garnishment?
by: Debtcollectionanswers.com.com

Sorry about your predicament. Unfortunately your situation is not uncommon. There are numerous instances of consumers who are sued by creditors or debt collectors and never legally served with notice of the lawsuit. Frequently, the lack of notice is intentional because as happened to you, it means that the consumers don't show up in court to defend themselves and so the creditor or debt collector automatically ends up with a judgment against them.

I recommend that you run, don't walk, to the office of a consumer law attorney in your area who helps consumers resolve debt collection problems. One attorney I can recommend who has a lot of experience in this area is Robert Brennan, http://www.socaldebtcollectionabuse.com. He also co-authored with us the California edition of our ebook Debt Collection Answers.

Best of luck resolving your situation!

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