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Re: CA violated.....Debtor gets $1,000.00


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Posted by Why Chat (209.240.205.61) on January 11, 2004 at 07:50:13:

In Reply to: CA violated.....Debtor gets $1,000.00 posted by Faith on January 11, 2004 at 00:22:00:


Did she get all her $$ back PLUS $1,000.??

Is the judgment still in force or has it been vacated?

There is no violation of the FDCPA for incorrect garnishment of exempt funds, that is likely a State ruling if she got $1,000 back besides her own $$.

IF, however, she was not properly served, and had a legitimate defense to the judgment, or if the garnishment was PRE judgment, then she can sue. She should find a consumer lawyer to help her do that.


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