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Circuit Court

Started by dipper, Nov 09, 2005, 05:36:36 PM

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dipper

Soc,

Last year, 'I' garnished my ex's wages.  As headquarters were out of state, I sent the garnishment to the store ex worked at.  No garnishment was ever taken out.  I wrote three letters to headquarters for confirmation of receipt - and they refused.  Head of company wrote back once that he could not give any info. unless ex signed a release.
I sent my last letter by certified mail a couple of weeks before ex's store was closed down.

I served company a show cause through their registered agent.  Judge in general district court twice ordered that they were liable for garnishment from the date it was received at their store.  

Company appealed.  Went to circuit court today.  Representative had an email from a lawyer stating that if they did not receive the garnishment through the registered agent, they were not liable.

The judge in this court ordered that they were only responsible for the sum after receiving the certified letter.  The fact that the head of the company had responded to an earlier letter didnt matter.

They only have to pay 4 weeks of the garnishment that they should have taken out.

While not the outcome hoped, at least they are having to pay something for ignoring the garnishment.

I am still disturbed that she can just not forward a court order and nothing is done.  Even the judge today said she probably threw it in the trash can.


socrateaser

>I am still disturbed that she can just not forward a court
>order and nothing is done.  Even the judge today said she
>probably threw it in the trash can.

The judge is almost certainly incorrect in the ruling. You could have objected to the letter as inadmissible hearsay, and asked the court for an opportunity for a full briefing on the relevant case law concerning proper service on a corporation doing business within the state.

Too late now. Let's hope you get paid for the four weeks.

You still have the right to go directly after your ex for the remaining money, via execution against her assets/savings/etc.