Legal Question in Credit and Debt Law in Alabama

My wages are being garnished

I received a call saying I owed a debt from 1983. I asked for paperwork proving the debt was mine. They said they didn't have any, just send a check or money order. I didn't. Two years later law firm Hayt,Hayt, and Landau, sued me for this same debt. They said they bought the debt from Avco company. A court date was set for Oct. 28,2001. However, when I arrived at court I was told the date had been postponed. I received a call from Hayt, Hayt, and Landau,saying I would be notified of a new court date. I was. It was Nov.13,2001.However, when I arrived at court for the second time I was told that H. H. and L, went to court 2weeks earlier, without notifying me, and won a default judgement. Now my wages are being garnished. Can they go to court on a different day not notify me? Can my wages be garnished without my knowledge? Can they take me to court to collect a debt that may not be mine? What are my legal options? o


Asked on 3/21/05, 8:52 am

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: My wages are being garnished

In PA wages can only be garnished for a limited number of purposes. You need to seek counsel quickly to determine whether or not you have grounds to void the garnishment order.

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Answered on 3/21/05, 9:20 am
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: My wages are being garnished

Are you actually speaking about 2001? If this happened in 2001, you had appeal rights that began when the judgment was entered at that time. Appeal rights which, I'm assuming by the fact you didn't mention them, you did not pursue. After this amount of time, it would be difficult to reopen the judgment. I agree with Atty. Johns that you should contact an attorney to determine whether the garnishment can be challenged.

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Answered on 3/21/05, 5:11 pm


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