Legal Question in Credit and Debt Law in Georgia

Wage garnishment

i HAVE RECENTLY RECEIVED A SUMMONS OF GARNISHMENT FOR A CELL PHONE BILL THAT I HAD CANCELED 2 YEARS AGO. THE CANCELATION FEE WAS $150. I HAD THE PHONE FOR APPROXIMATELY 3 MONTHS, AND I KEPT TELLING THEM THAT THE PHONE DIDN'T WORK IN THE AREA THAT I LIVED. IT WAS ALWAYS ROAMING. SO I CANCELED THE CONTRACT. I RECEIVED A BILL FOR $1024.40 BACK IN SEPT 2005 ABOUT 2 MONTHS AFTER I HAD CANCELED THE CONTRACT. dUE TO UNFORESEEN HARDSHIP AND MY NEED TO RELOCATE I WAS NOT ABLE TO PAY THE BILL. I NOW RECEIVE A LETTER FROM ANOTHER CREDITOR FOR THE AMOUNT OF 1700. I FILED A TRAVERSE AND NOW HAVE TO APPEAR IN COURT. IHAVE TO REPRESENT MYSELF. CAN YOU GIVE ME SOME TIPS ON HOW MAYBE I CAN GET IT REDUCED OR DISSOLVED ALTOGETHER?


Asked on 3/29/07, 1:58 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Wage garnishment

A garnishment happens after you already lost a lawsuit (either by ignoring it or by losing it). A traverse is not a way to attack a judgment. If you are within 30 days of the original judgment you can appeal THAT case; if you waited past that you are too late.

The ONLY defense to a garnishment is to show that the judgment does not exist (very improbable) or that you have paid it.

Otherwise, the only thing that stops a garnishment is bankruptcy.

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Answered on 3/29/07, 8:02 am


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