How can this garnishment hearing be in a state across the country?

[shelzmike]

My question involves collection proceedings in the State of: VA

Here is the gist - wife had judgment from before we were married. A garnishment hearing was held in our county courthouse and they began to garnish her wages. No big deal there. We had no problem with this as we need to pay them what we owe. Well, through normal progression of career, she changed jobs. Collector (Glasser & Glasser, Virginia Beach) never started garnishing her wages again.

Monday, we discovered they froze our accounts. She has a personal account they froze and we have a joint account that is fully funded by me and my wages (which I can prove) but had her name on it in case she needed to write a check or something. Real great of them right? 3 kids in our house and they freeze our assets 2 weeks before Christmas. Either way, what's done is done there and we have to scramble between now and then and keep moving forward on this.

I have reviewed case law and statutes and know that they cannot take all of the joint account. And in this case, I can prove that it all comes from me so they cannot take any of it. So, I know we have to go through the process.

I had planned on talking to a lawyer today, but had an emergency at work and did not get a chance, but will definitely do it tomorrow. (Just didn't want anyone to tell me "talk to a lawyer" because I mean, duh.

Anyway, we got the paperwork today, dated November 17th and the hearing is in freaking South Dakota! How convenient that all the other (judgment and initial garnishment) hearings were in the county in which we live, but this one is all the way in South Dakota in 3 weeks. Like we can do all that, which is I am sure the tactic they are trying to use.

Can they do this legally? How can we be expected to travel all the way there when we have never lived in South Dakota, etc? Is there any alternatives here. Could a lawyer help us get this moved to somewhere closer to us and not all the way across the country? Or can a lawyer represent us there without us being there?

And furthermore, we have always lived in Virginia and are under Virginia State Law so how can a South Dakota court determine a ruling based on Virginia Law?

Thanks!

Mike

 

[army judge]

My question involves collection proceedings in the State of: VA

Here is the gist - wife had judgment from before we were married. A garnishment hearing was held in our county courthouse and they began to garnish her wages. No big deal there. We had no problem with this as we need to pay them what we owe. Well, through normal progression of career, she changed jobs. Collector (Glasser & Glasser, Virginia Beach) never started garnishing her wages again.

Monday, we discovered they froze our accounts. She has a personal account they froze and we have a joint account that is fully funded by me and my wages (which I can prove) but had her name on it in case she needed to write a check or something. Real great of them right? 3 kids in our house and they freeze our assets 2 weeks before Christmas. Either way, what's done is done there and we have to scramble between now and then and keep moving forward on this.

I have reviewed case law and statutes and know that they cannot take all of the joint account. And in this case, I can prove that it all comes from me so they cannot take any of it. So, I know we have to go through the process.

I had planned on talking to a lawyer today, but had an emergency at work and did not get a chance, but will definitely do it tomorrow. (Just didn't want anyone to tell me "talk to a lawyer" because I mean, duh.

Anyway, we got the paperwork today, dated November 17th and the hearing is in freaking South Dakota! How convenient that all the other (judgment and initial garnishment) hearings were in the county in which we live, but this one is all the way in South Dakota in 3 weeks. Like we can do all that, which is I am sure the tactic they are trying to use.

Can they do this legally? How can we be expected to travel all the way there when we have never lived in South Dakota, etc? Is there any alternatives here. Could a lawyer help us get this moved to somewhere closer to us and not all the way across the country? Or can a lawyer represent us there without us being there?

And furthermore, we have always lived in Virginia and are under Virginia State Law so how can a South Dakota court determine a ruling based on Virginia Law?

Thanks!

Mike

Your assets have been illegally seized.

Not only do you NOT have to go to South Dakota to answer a lawsuit, when you reside in Virginia; a South Dakota court has NO jurisdiction over you (a Virginia resident).

That said, your lawyer will advise as to the options you should pursue.

I suspect, that if what you've related is correct, someone will be owing you money when all is said and done.

One more bit of advise, you're paying someone (or you were), that you didn't owe.

Never make a deal with the devil.

You don't owe those bums.

If this is like most of these collection agency rip off artists, the debt you're paying on was probably extinguished by the statute of limitations when you started paying on it.

Good luck.


Oh, one more comment, and you need not answer it; just think about it and discuss it with your lawyer.

You asked how can they sue you in SD, when you live in VA, right?

You should also ask why in the hell are you paying those debt collector scavengers in the first place?

It won't help improve your credit score.

If you feel morally obligated to repay a debt, pay the person that loaned you money, not a scamming, intermediary.

The debt collector bought the paper, probably old paper.

They buy it for about 3 or 4 cents on the dollar.

So, if the original debt was for $1,000, these bums paid about $30 to buy the old note.

I'll bet you paid 40 times that amount already, right?

Can you see how you've been had in more ways than the one that brought you here to pose your question?

Good!

Fix it ASAP!!!!!

 

[shelzmike]

Yeah, that is what I am thinking. I am sure they are banking on us being ignorant and before, when it was just my wife, I couldn't really say anything; however, we are barely making it paycheck to paycheck and the freaking froze our main bank account 2 weeks before Christmas. But now it does affect me personally and I will, if anything, give them a good fight. I think you are right about them paying me money...once is all said and done I may recoup my losses and then some.

Funny thing is - I called and talked to them yesterday and pointed out that I knew for a fact they could not touch my account because I can prove its all mine. The lady put me on hold to go talk with the "legal" team and then came back on the phone and told me that she "was advised that she cannot speak with me any further on the matter". Hmmmm, that's certainly strange....

Mike

 

[army judge]

Yeah, that is what I am thinking. I am sure they are banking on us being ignorant and before, when it was just my wife, I couldn't really say anything; however, we are barely making it paycheck to paycheck and the freaking froze our main bank account 2 weeks before Christmas. But now it does affect me personally and I will, if anything, give them a good fight. I think you are right about them paying me money...once is all said and done I may recoup my losses and then some.

Funny thing is - I called and talked to them yesterday and pointed out that I knew for a fact they could not touch my account because I can prove its all mine. The lady put me on hold to go talk with the "legal" team and then came back on the phone and told me that she "was advised that she cannot speak with me any further on the matter". Hmmmm, that's certainly strange....

Mike

Would you engage in a debate with Satan?

Would you make a deal with the devil?

It is never wise to even speak to these crooks.

Your recent experience should serve as a warning to the uninitiated and/or non-believers!

Do not even say hello to these devils.

It will always turn out badly for you!