Having your wages garnished or money being taken out of your bank account can be an extremely stressful experience, but the attorneys at Higbee & Associates are here to help. We will get your money back to you as soon as possible. We have an extremely high success rate of being able to get funds returned to our clients. So call now for your free consultation at (714) 617-8387.
Are your wages being garnished or bank account being levied and this is the first time hearing about a judgment against you?
If this is the first time that you have heard about your wage garnishment or bank levy it is most likely because the opposing counsel served the wrong address, an old address or claimed to have served you, but you were never served. That would mean that they did not do their due diligence in finding where you were located. If that is the case, our expert attorneys will fight for you by attacking the inaccurate proof of service that was filed with the court. This can result in a termination of a bank levy, termination of wage garnishment, reversal of liens and the return of money that had been wrongfully taken. If it turns out that the proof of service was accurate then we can help you negotiate a settlement plan.
How long does the process take?
We can usually start the same day. However, The initial document collection and review can take up to 3 days, since we have to obtain the documents from the court or the counsel who has garnished you. After which, we will contact the opposing counsel to see if they will be willing to agree to vacate the judgment and terminate the wage garnishment. If they agree, then the termination of the garnishment will be sent immediately!
What happens after the termination of the garnishment or bank levy?
After the termination, we request that the judgment be set aside.
What is a set aside judgment?
A motion to set aside a wage garnishment or bank levy judgement is an application to overturn or set aside a court’s judgement. This will remove the judgement that is reflected in the credit report and would additionally terminate and reinstate the lawsuit.
How long does a Motion to Set Aside the Default Judgment take?
This is done with the court and court hearing date wait times are currently at least two months.
What happens after the set aside?
The case will become active with the court. It is usually a good idea to settle at this point because they are usually willing to settle for much less than the original amount. We can then help you to set up a settlement payment plan.
What if they don’t agree to vacate the judgement?
We still can help. We will file a Motion to Set Aside the Default Judgment and terminate the garnishment.
How much does this all cost?
$750 (split into 6 payments of $125 over 6 months) for the post judgment relief services, which includes termination of the garnishment or bank levy, set aside the judgment and immediate negotiation of settlement. If there is a claim of exemption it will cost an additional $250. If upon the the termination and set aside of the judgment, the client wishes to actively pursue the now open case, this will cost an additional $1,000. If the case requires a Motion to Set Aside that cost is already included. We also offer flexible payment plans.