Steve
Bradenton,#2Consumer Suggestion
Wed, August 08, 2007
Jeanne, Disability income is EXEMPT from garnishment. If you can show your only source of income was disability, you can file a motion to vacate the garnishment order and refund your money. And, if you were not first NOTIFIED and sued, the judgement and garnishment are illegal. Nobody can just garnish your income or bank account without FIRST suing you and winning. You need to get every piece of paper filed with the courts and your bank on this and see where they engaged in fraud. I can already tell you what most likely happened, it is called "sewer service". They knowingly served an invalid address for you so that they knew you would not respond. Then they quickly move for the default judgement and subsequent garnishment. This firm has a history of doing this. You need to file BAR ASSOCIATION complaints against all lawyers involved and also file complaints online with the FTC. Keep in mind that you were required to respond to the summons if you did recieve one, regardless of your medical condition. It's unfortunate, but it is the law. That is what power of attorney is for. If you know you may be sick and/or incapacitated, you may want to prepare a power of attorney for someone to act on your behalf when you cannot. Get a lawyer right away, even if it is legal aid. Contact Bud Hibbs as he might be able to point you in the right direction. Good luck.