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