Garnishment

pooters927

New Member
Jurisdiction
New Jersey
I received a letter from a debt collection company saying they were issuing a wage garnishment on a debt from 2005. I have no idea who the debt is from and never received a certified copy from the court itself. I did write a letter objecting to the debt considering Ive never received any letter except for the one received with the copy of the letter from the collection company.. And they did issue the garnishment. Am I responsible to pay this debt if I didnt receive any info and am I within the statue of limitations that they cant do it? Thank you
 
And they did issue the garnishment

If that means that your employer is now taking money out of your pay, it means that you were sued at some time in the past and there is a court judgment against you.

If there is a court name, location, and case number on your letter or on papers filed with your employer, you MUST go to the courthouse and get a complete copy of the case file, every scrap of paper in it. Do it ASAP. It's the only way you are going to figure out what happened and if there is anything you can do about it.

Once you have the case file, come back to this thread for additional discussion.
 
A letter from the collection agency is meaningless. They are often designed to intimidate you into paying an otherwise uncollectable debt.
A wage garnishment order would come from the court. Did your employer receive this order?
 
I received a letter from a debt collection company saying they were issuing a wage garnishment on a debt from 2005. I have no idea who the debt is from and never received a certified copy from the court itself. I did write a letter objecting to the debt considering Ive never received any letter except for the one received with the copy of the letter from the collection company.

You just wrote a letter? You didn't pick up the phone and call the person who sent you the letter to find out what was going on?

Am I responsible to pay this debt if I didnt receive any info and am I within the statue of limitations that they cant do it?

Unless the debt relates to unpaid taxes or a family law support obligation, a wage garnishment is only possible if your creditor has sued you and obtained a judgment. If, in fact, a wage garnishment has been served on your employer, that tells me that someone did sue you and get a judgment. The wage garnishment paperwork will have details about the court where the lawsuit was filed and the case number. You need to check the court's file and obtain copies of everything in there. It is possible that you were properly served even though you didn't receive actual notice. Details are important as to what you can do at this point, but suffice to say that the statute of limitations isn't relevant.
 
I received a letter from a debt collection company saying they were issuing a wage garnishment on a debt from 2005. I have no idea who the debt is from and never received a certified copy from the court itself. I did write a letter objecting to the debt considering Ive never received any letter except for the one received with the copy of the letter from the collection company.. And they did issue the garnishment. Am I responsible to pay this debt if I didnt receive any info and am I within the statue of limitations that they cant do it? Thank you


A personal bankruptcy filing is the only way to get any relief from the wage levy.
Talk to a local bankruptcy lawyer and see if you qualify to seek such remedies.
 
Unless the debt relates to unpaid taxes or a family law support obligation, a wage garnishment is only possible if your creditor has sued you and obtained a judgment. If, in fact, a wage garnishment has been served on your employer, that tells me that someone did sue you and get a judgment. The wage garnishment paperwork will have details about the court where the lawsuit was filed and the case number. You need to check the court's file and obtain copies of everything in there. It is possible that you were properly served even though you didn't receive actual notice. Details are important as to what you can do at this point, but suffice to say that the statute of limitations isn't relevant.

Are you my clone? LOL.
 
The trouble here is that the OP claims to have received a letter directly from the collection agency. There is no mention that the employer received a garnishment order.

As it is stated above, this stinks of a collections scam to collect on an old debt.
 
The trouble here is that the OP claims to have received a letter directly from the collection agency. There is no mention that the employer received a garnishment order.

As it is stated above, this stinks of a collections scam to collect on an old debt.

I didn't receive the alleged letter, and know nothing of its contents.

I, like you, believe the letter to be akin to the $30,000,000 the Kenyan Prince needs to unload, but needs your SS number, bank account details, etc...

My "scammy senses" alert easily. LOL
 
There is no mention that the employer received a garnishment order.

From the original post: "And they did issue the garnishment." I don't know who "they" are, but I think the most reasonable interpretation of this is that a court issued a garnishment order and/or that such an order has been served. Hopefully the OP will return and clarify things.
 
I have no idea who the debt is from and never received a certified copy from the court itself.

If we "pick and choose", we're simply giving an opinion.
We all have opinions.
Its good to see varying opinions on a topic.
Why?
Because in a courtroom, its always a crap shoot, despite what the law might say.
Nothing wrong with opinions, I opine regularly on this site.

I've learned after many years volunteering on various internet forums that posters often are remiss to return, or perhaps respond if the discussion seems to veer away from the answers sought.

In the end, whatever any of us posts doesn't rise to the level of a legal opinion, or a jury verdict.

I've been fortunate over my career to obtain a few not guilty verdicts for my clients despite the law.

Its called jury nullification, and I'm darn glad it exists.
 
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