Wage garnishment, Wrong court date

[Missy]

At the begining of Sept. I was notified that my wages were going to be garnished by 25% from a past financial issue. I don't dispute that I owe the loan. I filled out a claim of exemption form because the amount of the garnishment has left me unable to pay rent, buy food or pay bills. I was left with less than 1200.00 for the month to support my family. I have had to borrow from many family members and don't even know when I will be able to pay them back. I did make an offer for repayment when I filled out the claim of exemption but it was turned down by the creditor and I was given a court date to appear in front of a judge for a hearing to determine if my claim of exemption would be allowed. Here's were things get shady. I received a letter from the creditor telling me that they didn't accept my offer to repay and giving me my court date of Oct 3rd @ 2 pm at dept 53. I took off of work early (without pay) and arrived at court 45 min early only to find out that my actual court date was Sept. 30 and there was actually no dept. 53 at that courthouse. I was hurt. I believe this was done on purpose. I filled out a from to have the decision from the Sept. 30 date overturned due to the fact that I was given the incorrect info. I have to wait 10 business days to hear back and all the while my wages are still going to be garnished and I am facing eviction for a second month and still can't afford to feed my child. Was this legal for the creditor to do this? Will they be held responsible for such a huge mistake? What can I do to make this right? I am trying to work with these people to make payments that I can afford but also still be able to feed and put a roof over my and my daughter's head. What can I do? Can these creditors be punished for giving me the wrong info? Please help.

 

[presutin]

Make the case when you hear back from the court (I hope you attached a copy of the letter to your request disputing the decision so to enhance your case) that the amount is just too burdensome on you - provide the judge with a breakdown of your monthly expenses and how the garnishment has affected your ability to provide you and your daughter the basics. You can ask the judge, after s/he rules, to have some of the amounts already garnished from you to be returned, but I must be honest, that will be a hard sell... Good luck to you!

 

[Missy]

Thanks so much for such a speedy response

I did attatch a copy of the letter with the incorrect info on it when I requested that the decision be overturned because I was given incorrect info.

Will the credior be held accountable for sending me the incorrect court date and location? This was a huge mistake on their behalf that has turned my life upside down for a second time. Honestly I believe it was done on purpose. I did everything right and now I am being punished because it looks as though I failed to appear in court.

 

[presutin]

You can state that to the judge and see what s/he has to say. Judges are pretty savvy and know many a times what collectors will do to win their cases...