Legal Question in Credit and Debt Law in California

No notice of garishment

My son is paying a debit he's not fully responsible for and was sued by Moffitt and Associates. The debit was per the order of court $7000. $3500 was back rent, the remaining were attys fees. Now they have added on more $s and have garnished his wages. My son has paid them close to $2000 from approx. Oct to now. What can we do to stop this nonsense. My son wasn't notified of the garnishment. Doesn't a garnishment have to go through court before it can take place? Also, how long can they garnish and will it hit each paycheck? The orginal was a levy. My son has nothing in writing per what he's being charged for, nor would the Law Firm send him any information. Would this be public information that can by copied?


Asked on 5/01/03, 8:55 pm

1 Answer from Attorneys
Joseph Richardson Borton Petrini LLP

Re: No notice of garishment

I would have an attorney go down to the court and find out some information. For instance, what case does this levy come from? Was your son served by publication? He shouldn't have been garnished without there being some proceeding. And if he didn't know about it, there must be some good faith attempts to serve him personally, etc. Also, did he sign any contracts? For instance, lease agreements? You just need information here. It will be worth it to get an attorney that can get this uncovered for you. In essence, it's hard to know what to do until you know what you have. You don't seem to know what you have, and so finding out the facts is the first priority.

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Answered on 5/03/03, 6:05 am


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