January 21st, 2006 by Questions
I live in nova scotia. A credit card company has put me into collections. They are likely going to try and garnish. The problem is that there is a dispute about the debt.In fact I do not owe anything to the card company.I did not use the card or sign it. It was my ex wifes debt .I had a card on her account.Since I never used or signed it I am not responsible for it.The collection firm says I am. When seeking garnishment does the court just accept what the collection people say I owe .I want an opportunity to argue my case.Will the court just slap a wage garnishment on me.How can they garnish me with a debt I do not owe.Then add to my debt the amount they incur using the courts.I dont want to have to pay for a lawyer to defend myself.When I prove the debt is not mine.Will they reimburse me for my costs (Lawyers etc).
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January 23, 2006 at 9:05 am, Barton Goth, GCO Inc. Bankruptcy Trustees said:
In order to garnishee your wages, any unsecured creditor (unless you have made a voluntary assignment of wages in the original contract) must first obtain a judgment. The only way to do this is on application to court and they must give you notice of this action. In terms of reimbursement for costs, this partially depends on the amount of debt and is an area that you would have to discuss with a legal professional.