Garnishment hearing

[Eagle]

I just received a garnishment summons in relation to an ongoing dispute with a credit card company, and am not sure what to expect when I get to court, or if I even need to appear. The interesting thing is that the summons orders the Garnishee to appear or to file a written answer with the court, and the garnishee listed is a bank that I only have a loan with, no deposits. I don't see how they are going to get anything from them. Does anyone have any experience with garnishments that they can share, or suggestions on what I need to do to prepare? I am planning on filing for a void judgment, when I have learned enough to know what I am doing.

Thank you,
Eagle

Originally Posted by Eagle

I just received a garnishment summons in relation to an ongoing dispute with a credit card company, and am not sure what to expect when I get to court, or if I even need to appear. The interesting thing is that the summons orders the Garnishee to appear or to file a written answer with the court, and the garnishee listed is a bank that I only have a loan with, no deposits. I don't see how they are going to get anything from them. Does anyone have any experience with garnishments that they can share, or suggestions on what I need to do to prepare? I am planning on filing for a void judgment, when I have learned enough to know what I am doing.

Thank you,
Eagle

Sounds like, by addressing you as garnishee, they have already decided you "guilty"

[rushpat]

I thought Garnishee was a group that had funds belonging the alleged debtor.

Can you give us specifics on the CC dispute? What has happened before this, and what steps have you taken? Have you asked for validation of the debt?

[Eagle]

Thanks for the reply. Citibank took me to court in July of 2003, and the judge decided in their favor. I thought I was prepared, but I was not prepared for the judge to ignore my demand that Citibank produce a signed contract. Their attorney admitted that most of their accounts were set up by phone, and that they did not have signed contracts. The judge asks him, "Is that customary practice?" and the attorney affirmed that it was. That was good enough for the judge, and he ignored my argument that there must be a contract before there could be an obligation. In fact he basically said that he was going to take their word that I owed them the money, and ruled in their favor. I received a letter in October of this year from Citibank's attorneys, asking for payment. I replied that I did not have the money to pay them at this time. The next thing I get is a Garnishment summons from the Sheriff's deputy. I don't have anything that they can attach, so this appears to me to be a fishing expedition by Citibank. I am concerned that either their attorney or the judge will start asking me questions about assets and income, and how to respond.

Eagle

Greetings All,

Be aware, although referred to by them as a "garnishment", it can be deceiving. We tend to think of garnishment as an attachment of our weekly "wages". However, once they get jurisdiction over you, and get a summary judgment, the ploy, as of late, is to trick you into agreeing to pay the debt with your future Income Tax refund. They will schedule another hearing along about tax refund time to "eat out your substance".

A properly executed void judgment is probably the only way to deal with the matter. However, of course there are exemption protections. And, of course, if you didn't make any fake munny, they have no fake munny to take. Consequently, you would not have filed a return.

Sincerely,
truth

[iamfreeru2]

Eagle,

IMHO I think the best way to handle this is to not have anything they can attach. I personally do not believe a void judgment will work. I am one, probably the only one on this site, that does not think Cornforth's methods are worth persuing. I have not seen anyone benefit from them and I do not see the court that rendered the judgment agreeing that it is void.

I have not filed an "income tax" 1040 form since 1992. I have filed statements in lieu of the 1040 (Commercial Affidavits) since that time. There is no tax "money" that can be gotten and I have 4 CCC that I have dealt with giving one of them a foreign BoE. They have stopped persuing the alleged debts. One of the reasons for that could be that I am judgment proof (nothing they can get). I own nothing and I have no "income" and I have no "1040" returns filed. I do have arbitration awards against 3 of them and when I provided my documents to their attorneys they all went away. The next thing for me to do is clean my credit reports.

What I am trying to say is that I agree with Truth that if you have nothing to attach the CCC judgment is worthless. They can't get anything if you have nothing to get. My recommendation is make yourself judgment proof. I know that is difficult for some, but if you work at it it can be done. Once you are judgment proof you can have all kinds of fun.

iamfreeru2

[iamfreeru2]

Eagle,

Check your PM.

iamfreeru2