Wage Garnishment from Out of State
I live in NYC. I Had an IL state case
where judgement was made w/o any
notification to me stating they
couldn't find me. My employer in NY
received a wage garnishment from
that case and two days later I
received notice at my home. When I
contacted the Marshall's Office I was
told that my 20 days to make
arrangements had lapsed and had no
recourse. I thought I could let the
judgement take it's course and pay it
off but it's now placing huge financial
stress esp. since I live in the city. Is
there anything I can do now at this
point?
Re: Wage Garnishment from Out of State
Yes, the law permits default judgments to be set aside under various circumstances. You can seek to have the Court grant an Order to Show Cause to set aside the judgment and dissolve the garnishment and seek to litigate the claim based on its merits. Contact the Clerk's Office to obtain the form (at least at NYC Civil Court) and additional info. They have a pro se (parties without lawyers) office to assist pro se litigants.
Check out the Frequently Asked Questions (FAQs)on our website at http://www.starrandstarr.com/faqs.htm
for more info. about civil litigation, collections and creditors' rights matters generally.
Nothing in this response to your posting on Law Guru is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.
Good luck,