PayrollHRGuy
Well-Known Member
He meant he went to the courthouse and did some research.
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Repo 15 years ago... Wage Garnishment now!?!?
- Thread Starter LadyMuck
- Start date
Zigner
Well-Known Member
Step back a bit and look at it from their perspective. You have done your darnedest to avoid paying them the money that the court says you owe. Are they supposed to be filled with sugar and lollipops when talking to you?
UPDATE - After filing a Claim of Exemption, my wages stopped being garnished (after 3 paychecks of garnishments). I got a refund for 1 check of garnishments. I went to court today. The judge granted the Claim of Exemption. I have another court date in a few weeks for Motion to Default Judgement. Here I need to prove I wasn't served. The judge said I need "hard evidence". I was living with my dad at the time. The papers were "served" at my moms house. Her and I don't have a relationship. Can my dad testify in court that I was living with him? Would that be considered "hard evidence"? He lives in Texas. He said he would come to court for me but I don't want to bring him out here if its no use.
army judge
Super Moderator
You have the right to have any number of witnesses to testify with information relevant to your defense, your father can be a witness, as can your mother, your brother, your neighbor, etc...
Your witnesses in a civil matter before the court must bear the brunt of their expenses, unlike criminal cases where the state reimburses travel expenses for witnesses.
You and pops must do the cost benefits analysis as to whether his appearance is worth the cost he must pay to testify on your behalf.
If he helps reduce your costs, perhaps you could consider offsetting some of his financial burden to assist in getting the thieves out of your pocket.
Thank you Army Judge! I definitely would cover the cost for him regardless the outcome. Now the question is, is having my dad testify going to be enough to prove against the proof of service? I know I am jumping through hoops to prove I wasn't served (ie calling old employers to get my work schedule, calling storage companies to verify purchase dates) which is nearly impossible since no one keeps records this long. Is there a way I can request them prove they actually did serve me other than with a proof of service?
army judge
Super Moderator
That is an issue the judge will decide.
The prosecutor could argue yoru father's testimony is self serving and that he's biased towards you.
You can argue that he should be accorded the same regard as any other witness who takes the oath to tell the truth.
If that is the standard by which other witnesses are judged, all that matters is how your father comports himself before the court, not any relationship he might have with you, and was his testimony credible.
You might also consider anyone else who knows what your father knows, and could testify that you did not reside where it is alleged you were served.
You need to PROVE where you were living when the alleged service took place.
You can do that by a drivers license, state ID card, mail received at your TRUE address, voters registration card, the address you sued on your Federal and/or state income tax filings (bring copies of the tax filing), bank statements proving your address, credit card statements showing the address, any parking tickets or traffic citations that show your TRUE address, etc...
adjusterjack
Super Moderator
Hard evidence is documentation that your residence address was on some sort of official record like your driver license, bank statements, etc.
But at some point that was your last known address so process service there was legit.
It's "evidence." Whether it convinces the judge is anybody's guess.
I don't see much of a choice there.
No. The presumption is that the proof of service is correct and valid and it's on you to overcome that presumption.
Then the risk is worth it. Coming up with that kind of evidence is nearly impossible since I only stayed there 1 month. I will try to get other witnesses to validate his testimony.
Zigner
Well-Known Member
In other words, you were "staying" there, not residing there.
Yes. It was a bridge between places.
Zigner
Well-Known Member
Where were you living immediately prior, and for how long were you there?
My moms house...The address they "served" the papers. But we had a domestic altercation so I left and lived with my dad until I got on my feet.
Zigner
Well-Known Member
So the service was valid at your official residence - your mom's house.
Zigner
Well-Known Member
Law section
(b) If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
Service was almost definitely proper. Your beef is with your mother.
(b) If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
Service was almost definitely proper. Your beef is with your mother.
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