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?
2 Answers from Attorneys
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
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
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