Hyat, Hyat & Landau Are Going for a Writ of Garnishment. – Alma

“Dear Steve,

On 01/19/2013, I received a continuing writ of garnishment notice from the law offices of Hyat, Hyat & Landau representing Midland Credit Management, Inc. This motion to garnish my wages was given to them because apparently they got a Judgement against me back in 01/2004 from a credit card debt that I got in 1996 when I lived in California, I now live in Florida and this is where the judgment was given.

First I never received any notice about a judgment or court or anything from these people until now. How is it legal for them to not send anything in 9 years and now garnish my wages as if they just found out I was employed, yet I have been working for the same company for 10 years!!! it’s ridiculous and very unethical, its like they purposely never notified me to allow interest to build on this and now the amount is twice as what it was..

I’m going to file a claim of exemption & request for hearing, but I would like to know if I can still file a motion to vacate the judgment on the fact that I was never served with papers regarding the lawsuit in 2004 or is it too late???

How long is a judgment for in the state of Florida…Also I don’t know if this matters but this lawsuit was done on a credit card debt that was years pass the statutes of limitations, plus I believe that I got this credit card when I was only 16 years old, I have never seen this on my credit report or anything… Please help, any information would be greatly appreciated.. Thank you

Alma”

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The Answer

Dear Alma,

There are so many potential legal issues here from the fact you took out the credit card when you were a minor, the statute of limitations, proper service, etc.

I urge you not to turn to the internet for advice on this. You need to talk to a local attorney that is licensed in your state for specific legal advice.

If you do, I think this will have a positive outcome. If you guess and assume, then the best I can wish you is luck.

I’m sorry that I can’t be more specific but I’m trying to give you the best advice possible and make sure your situation gets resolved in a positive way.

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

Hyat, Hyat & Landau Are Going for a Writ of Garnishment. Alma
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Hyat, Hyat & Landau Are Going for a Writ of Garnishment. Alma
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  • Alma

    Well, I’m in the process of looking for and attorney, but it’s a little hard since I want to make sure I hire the right person who is knowledgeable in this matter. In the mean time I wanted to file the claim of exemption already to get the ball rolling so they don’t take too much of my money. However from what I have read about filing the claim of exemption from the Florida Law website, I’m suppose to file it to the clerks office and also have a copy delivered to the plaintiff and the garnishee to the addresses provided on the Continuing Writ of Garnishment:

    FLORIDA STATUTES 77.041 Notice to individual defendant for claim of exemption from garnishment; procedure for hearing.

    TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED, OR TO GET BACK ANYTHING ALREADY TAKEN, YOU MUST COMPLETE A FORM FOR CLAIM OF EXEMPTION AND REQUEST FOR HEARING AS SET FORTH BELOW AND HAVE THE FORM NOTARIZED. YOU MUST FILE THE FORM WITH THE CLERK’S OFFICE WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM TO THE PLAINTIFF AND THE GARNISHEE AT THE ADDRESSES LISTED ON THE WRIT OF GARNISHMENT.

    My problem with this now is that the Continuing Writ of Garnishment paper they sent me doesn’t have the garnishee’s address anywhere, in any of the forms I received, so how am I suppose to know where the papers were sent and who received them?? Am I just suppose to go to my HR Director and hand this to her? Not to mention that I work for a very big corporation whose main headquarter office is in PA, and that’s where HR is located, we don’t have a local HR rep my building… So I really don’t know what to do?? Once again thanks for your help, I know it’s a lot and I really need an attorney, this all seems so shady!!! I have 2 appointments scheduled for tomorrow with some lawyers I found on NACA, are there any questions that I should be asking them to determine who might be the best fit?? Thank you so much…

    • http://GetOutOfDebt.org Steve Rhode

      You might want to look for an attorney that is associated with http://NACA.NET

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