Income Execution
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Posted by GettinHip2it (69.119.239.155) on May 23, 2004 at 19:38:56:
DH had a Default judgment entered against him last year and was coerced into a payment agreement with CA's attorney. Fast forward to a year later, and I noticed that CA re-aged the debt. I contacted CA's attorney and requested the judgment be vacated - they didn't respond to either my calls or letters. So DH sent them a letter requesting written verification of the remaining balance. CA's attorney calls DH and ask him a million questions as to why I was contacting them. When DH referred them directly to me and repeated his request for the remaining balance, they served him with a copy of an "income execution" form dated a few days before the telephone conversation. The form said he had "20 days" to start paying the Marshal directly, however by the time DH received it, 19 days had already lapsed. When DH got his paycheck 4 days later, $300 had been taken out. Furthermore, CA had reported to DH's employer the original (judgment) amount as owing even though DH now owes less than half! Can they do this? Also, we filed an order to show cause re: the judgment and go to court next week, can we bring this in too?
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