# garnishment order



## ku1980rose (Sep 7, 2010)

I need some advice. I haven't been on here for a while. I've posted in the past about my marriage of almost 2 years. It has not been easy. Our sex life has been pretty much nonexistent. I've been trying to make it work, but I am at the end of my rope and now something new has been added and I need some advice on it.

My husband received papers in the mail that his wages were going to be garnished for something from 2000. The papers state that's when the judgment was obtained by the creditor, so I don't know when this actually occurred. I was not with my husband in 2000. I am not concerned about what happened, just that he owes money and it needs to be taken care of. 

He didn't tell me about these papers. I found them lying around the house. I asked him about it. He claimed he had no idea what it was for, and they must have the wrong person, and he was going to get a lawyer and go to court. I didn't 100% believe that, but I supported that. I brought it up another time and he just got angry.

I let it go for a couple of months. I brought it up recently because we are getting a tax return and I told him we could use that money to pay this thing off. He still claims he has nothing to do with it, but his wages are being garnished. I told him, "If you are 100% innocent, then you need to get a lawyer and fight this. If you owe money, then just be honest with me and we'll take care of it." He still claims he knows nothing about it and that he talked to a lawyer and they told him there was nothing he could do about it. He got very angry and now hasn't talked to me for 3 days. 

There was a paper attached to his order saying he could get a court hearing in 14 days. He says that's only to modify the order, not take it away. But, he didn't even try to fight it. Now his paycheck is being garnished, and his credit is being hurt, which also affects me. He won't talk to me about it. I said maybe it was something that was still in his name from his divorce. He just got angry and left. 

I am not completely clear on legal issues, but - after looking at the papers - I am sure he could've gotten the court hearing and fought it. And, if he was 100% innocent of this, then whatever he paid to retain a lawyer would then have to be taken care of by the company garnishing his wages. In the end, if he is 100% innocent as he says, his money should be returned. But, he says it's not worth fighting it and he's just going to let them take the money. That doesn't make sense. If you didn't do something, you wouldn't let someone garnish your wages.

I don't know what to do. I don't know where to go for advice, legal or otherwise. I truly feel I am being lied to. I truly feel he knows more than he is letting on. If not lying, then omitting the whole truth. We all make mistakes in our lives, I just wish he would admit what this is and we could take care of it.


Thank you.


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## 2nd_t!me iz_best (Feb 28, 2011)

doesnt sound like he is omitting anything except for everything.
more like out right lying.
he is hiding something from you he does not want you to know about.

aint no way in he11 anybody is going to take $2000 from me and im just going to sit back and let them have it.


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## ku1980rose (Sep 7, 2010)

2nd_t!me iz_best said:


> doesnt sound like he is omitting anything except for everything.
> more like out right lying.
> he is hiding something from you he does not want you to know about.
> 
> aint no way in he11 anybody is going to take $2000 from me and im just going to sit back and let them have it.


Agree. That's why I feel the way I do about this. I don't know the total amount of the garnishment, but he says it's more expensive to get a lawyer than to just pay it. I told him, "Either you are innocent and you fight, or you are guilty and you pay. But, you don't say you are innocent and then pay anyway." His name and credit is being dragged through the mud and, in turn, mine is too. 

But, he gets so upset at me and then gives me the silent treatment like I did something wrong doubting him that I then start to doubt my own thoughts. I've tried to give him the benefit of the doubt. I've tried trusting, but something isn't right.


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## SadSamIAm (Oct 29, 2010)

He is lying. The first thing the lawyer would have done is find out what the wages were being garnished for. 

How would he know he can't fight it without know what is happening?

The only reasons I can think of wages being garnished are:

1) Taxes owed to government
2) Child support owed

Whatever it is, he knows. He just doesn't want you to know.


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## 2nd_t!me iz_best (Feb 28, 2011)

ku1980rose said:


> But, he gets so upset at me and then gives me the silent treatment like I did something wrong


i think this is very telling


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## 2nd_t!me iz_best (Feb 28, 2011)

SadSamIAm said:


> He is lying. The first thing the lawyer would have done is find out what the wages were being garnished for.
> 
> How would he know he can't fight it without know what is happening?
> 
> ...


i had mine garnished once for non payment of a consumer bill.
just depends if they want to write it off or go to court for the garnishment.


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## 827Aug (Apr 27, 2008)

Garnishment laws very from state to state. In my state, only child support and taxes can be garnished. Anyway, your husband is lying to you. A garnishment doesn't just happen over night. It is a last resort to collect money. Sounds as though he ignored all other attempts to collect the money owed. You may want to search court documents, and see if you can find a trail.


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## that_girl (Jul 6, 2011)

Maybe taxes? Hubs had his check garnished last month 

Oh well, life goes on ...but still. It was from taxes before he met me.


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## Pluto2 (Aug 17, 2011)

His pants be a'flaming.
A lot of jurisdictions have court filings on-line. See if you can find out more.
I'm sorry about the lack of communication you're having to deal with.


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## ku1980rose (Sep 7, 2010)

SadSamIAm said:


> He is lying. The first thing the lawyer would have done is find out what the wages were being garnished for.
> 
> How would he know he can't fight it without know what is happening?
> 
> ...


Well, it's some oil company, so I'm guessing bad checks he wrote?? Or something like that?


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## ku1980rose (Sep 7, 2010)

2nd_t!me iz_best said:


> i think this is very telling


When we did see a counselor, the counselor said right in front of him that the reason he gets angry and gives me the silent treatment is to punish me for asking about things that upset him and to keep me from asking again.

THEN, he sent me flowers at work with an "I'm Sorry" note. That's great, but you still haven't talked to me......


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## ku1980rose (Sep 7, 2010)

827Aug said:


> Garnishment laws very from state to state. In my state, only child support and taxes can be garnished. Anyway, your husband is lying to you. A garnishment doesn't just happen over night. It is a last resort to collect money. Sounds as though he ignored all other attempts to collect the money owed. You may want to search court documents, and see if you can find a trail.


How do you do that? How do you search court documents? I can't find any other paperwork in our house. Can you get that from the courthouse?


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## ku1980rose (Sep 7, 2010)

Thank you for all the thoughts and advice. It helps me to see clearer and KNOW that I'm not in the wrong on this.


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## 827Aug (Apr 27, 2008)

Many court houses do have on-line look up. Court cases are a matter of public record. I have never personally looked up cases, but my cousin (an attorney) does so.....and gives me a heads up on what trouble my estranged husband gets into.


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## DTO (Dec 18, 2011)

This is from the year 2000? Sounds like the statute of limitations should have expired on something that old.

Something is definitely fishy.


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## EleGirl (Dec 3, 2011)

ku1980rose said:


> How do you do that? How do you search court documents? I can't find any other paperwork in our house. Can you get that from the courthouse?


It's all public records. 

Look online for the court where the case was heard and look up the case. 

You can also go down to the court house or call/write them to get the entire case file.

If I were you I would find out exactly what this was about and let my husband know that I now know the truth. 

Sounds to me like he is embarassed and just does not want to tell you what stupid things he did for it to get this far.


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## ku1980rose (Sep 7, 2010)

EleGirl said:


> It's all public records.
> 
> Look online for the court where the case was heard and look up the case.
> 
> ...


It is in another part of the state. I've looked for online records, but it looks like I would have to request records and then go there to see them personally. 

He may be embarrassed by it, and I understand that, but he still needs to share with me. I had a DUI before getting together with him and we have dealt with that together.


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## SunnyT (Jun 22, 2011)

I have no advice about your h.... and I've been there. Nothing worked for me. And FYI.... it just got worse. 

BUT... I've had my share of ickiness with the IRS and garnishment. There is not much you can do... but you can protect YOURSELF. Have separate bank accounts... at least til he gets this cleared up. Plus it sends a message to butthead that he is dealing with this poorly and you are not ok with it. It didn't hurt my credit...just so you know, and didn't affect my new H at all. But that is because I worked WITH them to make it as easy on me as possible.... I was able to set up an amount that I could "voluntarily garnish". I believe your H can do this also, because the IRS can garnish up to 50% or something, which of course does affect you!

(Ex sure benefitted from me paying his crap tho....nother story. And ya, I fought it...but they had made up their mind. They said that I never really thought ex would pay the bill so it was on me to pay it, with the threat of garnishment.)


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