My paycheck is being garnished, but I didn't get sued. Please help!
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- Опубліковано 24 сер 2024
- Default Judgements: Have you been sued? Are you sure?
In Nevada, you might be sued without even knowing it.
As is usually the case, what happens on TV is a far cry from reality. I know it’s hard to believe, but yes, in Nevada it’s quite possible to be “served” a summons, lose your case (default judgment) and be garnished up to 25 percent of your take-home pay without actually ever knowing you were sued.
The Nevada Rules of Civil Procedure (leg.state.nv.us/courtrules/nrcp.html) allow for several different types of service when you're being sued. The one you see on TV, where a process server has to physically touch a defendant with the actual papers of service, is the least used in this state. Rather, the law also provides that service can be accomplished “by leaving copies thereof at the defendant’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein ...” In other words, someone can serve you by handing a copy to anyone who lives at your residence who is 18 or older.
But there's another method of service Las Vegas residents need to be aware of: Service by Publication. Essentially, this allows a creditor to serve a defendant by publishing the summons in a news paper once-per-week for 4 weeks. The paper creditors most often choose is the Nevada Legal News. Do you read that paper (and the legal notices section)? If you're not an attorney, the answer is probably, "No."
This method of service means that yes, you can be sued without you ever knowing about it. Worse still, if you fail to appear for one of these suits, a default judgment may be entered, and a garnishment order may be issued. In other words, the first time you find out that you were sued is when your bank account gets frozen, or your HR department lets you know that your paycheck has been garnished.
If you have debt issues, please don't bury your head in the sand and think the debt will magically go away... contact an attorney and learn your options for stoping the garnishment, getting out of debt and rebuilding your credit.
As top bankruptcy attorneys in Las Vegas, we deal with default judgments daily. We help people get out of debt, and treat everyone like their one of the PandA family.
If you have debt issues, give us a call. We're here to help.
www.PandALawFirm.com
702-818-3888
I think something like this is about to happen to me . I went to Sanford brown about 7 years ago and I paid a lil bit of the loan back. I am said to owe $11,000 including interest. I have a parttime job and job . I never got a job by Sanford Brown institute and not right I have to repay something that didn't benefit me. Anyways I just got my final notice for wage garnishment today so I'm guessing Monday I should contact them. Smh
I'm in NY btw
Sorry to hear it. You might want to talk to an attorney near you about debt relief. Having a judgment on your credit report is one of the worst things there is. Because it sounds like a student loan, you may also want to look on the internet - since Stanford Brown is shutting down your loans may be eligible to be forgiven, or you may be a party to a class action lawsuit.
Best of luck to you,
The PandA Team