Legal Question in Credit and Debt Law in New York
wage garnishment
A collection company is garnishing my hsbands wages. There is no judgement and we never went to court. Can they do this? Can I do anything if what they are doing is illegal?
Asked on 11/15/05, 8:45 pm
2 Answers from Attorneys
Robert R. Groezinger
GroezingerLaw P.C.
Re: wage garnishment
Sure there wa a judgment...either you chose to ignore it or the service was bad. Go to the local court and look at the file and try to have it vacated.
good luck
Answered on 11/15/05, 9:04 pm
Andrew Nitzberg
Andrew Nitzberg & Associates
Re: wage garnishment
There must be a judgment or the action is done without legal authority.
Were you served? If not, then the action can be 'attacked' by a motion to 'set aside' or 'vacate' the judgment on the basis of insufficient notice because you were not legally served.
The petition to the court is by a motion made on notice.
My fee for this action would be $500.00
Answered on 11/15/05, 11:22 pm
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