Garnishment Objection Hearing [garnishment] [garn]

First of all, these are great forums. While my account is new, it's because it didn't seem to find the name I posted under before a couple of times. However, I've lurked and searched as necessary and have learned a lot just doing that.
Now that the ass-kissing-for-help portion is out of the way (heh), I had a question. I used search extensively before asking and best I could come up with was a similar thread from six years ago that got limited feedback.
I had a writ of garnishment judgment against me fall into my lap out of nowhere a few weeks ago. Less than two weeks after that they were already garnishing (into a separate account of course pending the outcome of any objection). Well:
1. I was never notified of any judgment against me, although a document I just received yesterday said I was served notice of the hearing about the matter two years ago. LIES! Subsequent research into the collection agency on budhibbs.com showed a laundry list of complaints against this agency for ramming through garnishment judgments on shady old debts without properly serving people, although claiming they had.
2. Although the hearing cost me $200, I had to do it since the alleged debt + fees is over $7000. If I didn't request one within ten days of receiving notice from the garnishee I would forever have to hold my peace.
3. Now to the question: has anyone been to a garnishment objection hearing, and can they let me know what to expect? I will be nervous as hell because I've never retained an attorney for anything, never been arrested or charged with anything outside of misdemeanor speeding, and have no idea what I am up against.
Obviously, my plan of attack is to say I have no idea what the debt is and most importantly was never properly served. It's my word against the process servers I suppose, but for all I know these guys could be skilled liars.
Luckily I have a friend who is an established attorney, albeit in a totally different specialty, who spent some time calling the collection agency/law firm on my behalf, requesting documents such as "what exactly is the debt for?", you know stuff they should have told me. If it is a legit debt is there a chance the garnishment could be undone and a payment plan put in place, at perhaps a lower number?
But if anyone has experience with this that could make me more prepared/less nervous that would be AWESOME. Thanks!
(Damn, that was f'ing long, sorry about that.)

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Best Answer: Havent Filed All Your Tax Returns? Help is here…
You need to show the judge that if they took 10% of your wages it would have a serious effect on your living expenses.

10%? You sure it's not 25%?

A better plan would be to file a motion for installment payments. Either way, you need to research this. Every state has different laws, and it even changes from court to court. Contact a local attorney and ask him what the local procedures are. You can do the court work yourself, but you need to know the court rules.

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The Debt Resolution Handbook – How to beat a credit card lawsuit.
Reply: Keep in mind, proper service varies from state to state. In VA you're generally served by the local police, so the "improper service" argument doesn't hold alot of weight here.
If the service was improper, you might be able to get the judgement vacated, and they'd have no reason to garnish your wages.
That said, they might come back after you if you're still in SOL.
Good post. Here the police don't serve, process servers do. Now as mentioned I've never been served but I know they're not cops, and I've heard that they are allowed to serve until 9PM, which makes sense. I figure they work their butt off on Halloween – who doesn't answer the door on Halloween?
If the debt is legit I was told by the attorney they'll probably just simply re-file the charge, if not outside the SOL. Fine, but if they do I don't want to be on the hook for the $2K in between the mystery judgment and now.

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Stop Donating your Money to IRS
Reply:Keep in mind, proper service varies from state to state. In VA you're generally served by the local police, so the "improper service" argument doesn't hold alot of weight here.
If the service was improper, you might be able to get the judgement vacated, and they'd have no reason to garnish your wages.
That said, they might come back after you if you're still in SOL.

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When Collectors Call…
Reply:QUOTE Quick update: my attorney friend (the only lawyer I could find on NACA for AZ doesn't even live/work here anymore, heh, and google hasn't been my friend yet) is actually wondering what the point of this is if I owe the money after all.
Unfortunately, that seems to be the prevailing attitude – someone can trample your legal rights, and it doesn't matter if you owe the money. That's why this board exists.
Criminals' rights are given more consideration than debtor's rights.

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Professional Judgment Recovery & Small Claims Processing Course
Reply:Thanks, both of you.
Quick update: my attorney friend (the only lawyer I could find on NACA for AZ doesn't even live/work here anymore, heh, and google hasn't been my friend yet) is actually wondering what the point of this is if I owe the money after all. I assume I do (not having seen proof yet) but between no proof and the collector's shady past I might as well go forward with the hearing.
Anyway, as mentioned I finally saw the judgment yesterday and it said I was served PERSONALLY, so I suppose if I can go in and prove that part is a lie they'll reduce what I owe or otherwise work out an arrangement, perhaps to reduce or eliminate the $2K the debt has grown since the judgment. Or maybe something better will happen.
Still no idea who/how many people will be present from the agency, or how formal the meeting will be. I saw the room when I went in to set up the date. It is small and unspectacular. The attorney said to wear a suit regardless as it can only help my chances.

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Get Fit to Golf – Fixes Your Swing & Golf Biomechanics
Reply:I hope this works out for you. They may before you get in the court room, try to work out something on the side to get payments going instead of the garnishment. Cap1 did this to me a few years ago..

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MunchkinMenus.
Reply:you will not see any of the actual documents unless you go to the courthouse and look it up on their computers.

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Tips to Success – Fix Your Credit Score
Reply: go to the courthouse and look up your court case in their self service dept. You can see the activity to date, and they should have notation of how you were served and by whom.
you can look online as well, but you won't see all of the info that you would in person. http://www.superiorcourt.maricopa.gov/dock…Cases/Index.asp
the above link is for maricopa county.
Excellent, thanks. Yep, all my stuff is right there, entered in order. No list of process server though, just the judgment I was unaware of two years ago and subsequent filings.
(My attorney friend is sort of stymied by this and seems to think it's credit-card related because about six years ago is when I got into financial trouble, but 1) we still have no idea what it's for and 2) I had no idea they could get a writ of garnishment for credit card debt.)

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The Ultimate Arthritis Cure
Reply:go to the courthouse and look up your court case in their self service dept. You can see the activity to date, and they should have notation of how you were served and by whom.
you can look online as well, but you won't see all of the info that you would in person. http://www.superiorcourt.maricopa.gov/dock…Cases/Index.asp
the above link is for maricopa county.

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Party Planning Guide + 4 Bonuses
Reply:treading,
Thanks, good stuff. Yep, funny about being both in AZ, that helps me quite a bit in knowing we're dealing with the same laws.
In filing for the hearing, the box I checked was "judgment creditor does not have a valid claim against me", which was the closest option to "wasn't properly served". My confidence is somewhat buoyed by the huge list of allegedly bogus writs of garnishment rammed through courts by this collection agency, but it seems many of those people didn't file an objection in time, essentially hosing themselves.
Final item of curiosity is the commonality of false service and the odds of me proving that I wasn't served.

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Reply:lol, we are in the same state. For the complaint/summons you must be served in person, certified mail is does not count. However, any other document beyond that can be regular mail.
I would put an objection to garnishment that you were never served properly and therefore did not have the opportunity to defend yourself. Then file a separate document as a motion to vacate, with the same reason. You'll need to pay 120 bucks or so for the first response, but the remainders are free to do.

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Reply:treading,
Thanks for the feedback and detail. Yep, those percentages are very similar to mine here (AZ). My reason for objection is simply that I was never served for the complaint/summons, correct. Yesterday I received from the law firm a document stamped two years ago for the judgment that was $2K lower than it is now that I had never seen before.
Anyway, the reason I know about this is they actually did mail both me and my employer the writ of garnishment, so I got both their letter and my employer's (aka garnishees) response. At that point I filed for the hearing.
Perhaps I need to do some digging around and make sure I didn't receive something certified 2+ years ago, but you think I'd remember something like that. Would hate to go in there, have them say "we sent it certified", open and shut case, and me look like an idiot, but I'm not sure how all this stuff works. I have a manned guard gate at my complex that may be able to receive and hold certified mail, can't remember.

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Reply:I went to one. I was being garnished as well for 25% of my net income (gross minus taxes only) They did not take into acct my child support (which is a garnishment in my state) that was 23%. So they were legally entitled to 2%, I showed proof to the atty and they disregarded it.
I requested an objection based on those facts. I also asked to consider hardship for me, which lowers the 25% to 15% due to other financial issues (IRS debt where they were about to take action against me), which is something you can ask for in my state.
I was approved for hardship of 15% and the judge made the atty pay me back every cent the took from me.
I am confused if you were served with a summons and went to court? Are you disputing that you weren't served for the garnishment? In my state you only need to be properly served for the complaint/summons, and just USPS mail for the garnishment of writ

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