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Re: Lawsuit, Head of Household, garnishment, and Wage Assignment


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Posted by Why Chat (209.240.205.61) on June 17, 2004 at 07:52:33:

In Reply to: Lawsuit, Head of Household, garnishment, and Wage Assignment posted by Tina on June 17, 2004 at 02:04:42:


Mo. has a 90% exemption of NET weekly earnings for HH, if he already has a garnishment for child support, they will have to wait until that is paid off before getting one themselves, IF they win a judgment.

When EXACTLY did he last pay the OC on the account while it was still in good standing, no late charges, no past due fees, not "frozen" ( couldn't be used for future charges).

In any case, he should appear at the hearing and require PROOF of the claim, i.e. copies of the account with documentation of all their charges, including interest after chargeoff at the Mo. legal limit, copy of his signed application,proof of their RIGHT to bring the suit, (i.e. bill of sale that they OWN the account).

They are likely NOT to have any of this, as they expect "no-shows" and an easy default judgment.

If the Court asks him if he owesthe debt, he can honestly answer "I don't know, I have seen no statements or accounts or other documents".


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