Let us first understand how the wage garnishment act works really. The government has tried to protect the interests of the all the parties involved in the wage garnishment procedure. If you are a borrower, then you are given many rights. There is restriction about how much amount of money can be with held by the employer for the wage garnishing. This has limitation of 25% of your disposable income. In other words you do have 75% of your disposable income for your livelihood needs. As a borrower you do have rights. If you have wage garnishment incorrect summons, then you have full legal right to defend yourself. If you receive the incorrect summons there are legal ways of defending yourself and it is certainly not the end of the world if you receive the wage garnishment incorrect summons. The first point is what o you mean by the incorrect summons. Please note that if it is about incorrect amount, then you can get the relief for that much amount after the due legal course is followed. But the original process of the wage garnishment is not becoming invalid just because there is some amount difference. But of course there can be other valid reasons. It is possible that the names are similar but you are not that same person. It is possible that the address is wrong but you are the same person. The different possibilities of the incorrect summons will bring about new type of further solution. One thing is sure. You will have to go to court as per the summons and explain your position to the court. Please remember that the lawyer of the other party is always interested in getting ex party judgment or the judgment by default. You have to be present in the court and present your side. Many a times it will not be necessary to take help of the lawyer. Even the paralegal can help you. If it is case of mistaken identity then your case is easy. If there are many other problems involved, then you will have to go through all the trial. If the credit giving school is closed or if you have to take back some due amount from the school, then you will have to present your evidences. It is possible that you have paid your dues and still mistakenly you are called for the wage garnishment proceeding. In that case you will have to present in the court the evidence of your full payment. Never be afraid of the court. Get all the info from the internet and use the power of the knowledge to defend your rights. read more…
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