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If the defendant does not respond to a summons, the plaintiff will usually win the case by default. A judgment will be awarded, a judgment can then be executed pursuant to state law, one option is wage garnishment. The defendant/debtor does not have to attend court. If he/she wants to protect property or perhaps have a chance to appeal the ruling, it would be in their best interest to make an appearance or retain legal counsel.

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Q: Do you have to go to court for a garnishment after receiving a summons?
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Do you have to go to court after receiving a summons if you filed a Bankruptcy petition.?

response form for bankruptcy F7004-1 summons


My question is how to stop wage garnishment from a car leasing co. they are taking out of my pay check every month $543.00. I am not able to pay my bills on time or at times not at all. Help! ?

The only way to stop a garnishment is to file bankruptcy. In VA they must renew a garnishment summons every 90 days. So after 90 days, it expires and they must go to court and obtain a new summons


How long after you get a summons will your wages be garnished if you are a New York resident?

The summons begins the process for you to go to court to argue your case. Be sure to respond to it before the ANSWER DATE at the top, or it will count against you in court or they may proceed without you. When you go to court (don't fail to show up!), you can plead with the judge about how much garnishment per pay check you can afford based on your income and expenses. Be sure to prepare an accurate COURT FINANCIAL STATEMENT to bring with you. In court, the judge will determine when the start date is for your garnishment. It may take your employer a couple of pay cycles to start the garnishment, but most likely, it will be retroactive from the date of the trial or even further, especially if you are behind on child support or other court-ordered payments.


How do you dispute a writ of garnishment?

The only way to dispute a writ of garnishment is to go to court. You will need to hire an attorney to dispute the garnishment.


What should you do after receiving a Reckless driving summons when you asked police for help?

Insufficient information given to answer the question. Go to court and tell your story to the judge. He may believe your version.


If you just received an alias summons from civil court regarding a repossessed car saying you owe 6800 why are they calling it an alias summons and how can you prevent garnishment?

An alias summons is a duplicate summons issued at another time, or served in another way after the original has expired, or hasn't been served, or had no effect, or produced no response for some reason. Technically, the court has probably sent a second summons, since the first one didn't produce the results they thought it would. To stop the garnishment--go to court, take an attorney with you that knows what you did or didn't do. Have all your paper work for the attorney. See if you can work out an agreement with the court and lender to pay an amount that is agreeable to you both at a payment that you can afford -- BUT ..... If you do not show up and you do nothing--you will pay the $6800 + more in interest and court costs thru the garnishee which can be an amount that is not affordable to you or your family depending on the state you are in. Call An Attorney!! Do something and DO IT NOW!! Good Luck


Can you go to jail for missing summons by sheriff in Maryland?

This depends on what your summons was for.Added: Although you must appear in response to a SUBPOENA, a summons is another matter. As stated above it all depends on what the court action was, and what the summons was for. Contact the Clerk of Court's office for further information.


How can I stop a wage garnishment so I can afford to live?

Basically since it's court ordered you can't. The only thing you can do is to contact the creditor collecting the garnishment and explain your situation to them, sometimes they will listen and go back to court to lower the garnishment.


Can you go to jail for pressing charges and not going to court?

No, but a person can go to jail for not appearing to answer a summons.


Can a fiance company say they will garnish your check without a court order?

No every garnishment case has to go through a court.


Does your son have to go to court to be a witness?

If he has been served with a subpoena or a summons, yes, he must.


What happens when you fail to appear in court for a summons?

You go straight to jail.... Do not collect $200