Ex-wife's unpaid bills are resulting in garnishment of my wages

2 views 1 answers
My husband's ex-wife defaulted on $900.00 worth of dental bills for the children. The decree states she pays for the first $61.00 and after that we pay our 36% portion of the remainder. She was served papers and accepted them on behalf of herself and my husband (he carries the insurance) and did not respond. We just received a garnishment letter as the dentist turned it over to a collection agency. We were never served with papers (we live three hours away), never received notification of a bill, and had no knowledge of this issue. What do we need to do? I have already spoken to the collection agent, and faxed a copy of the decree (they have been divorced over six years) and a release of writ of garnishment stating what was mentioned above. Do we need to file a motion with the court? Do we need to serve the ex with the papers, also? I am unsure what forms to use and how to stop the garnishment for a bill we did not incur.

Attorney Answer

1
Gregory J. JalbertChapter 7 Bankruptcy AttorneySeattle, WA ·
I suggest you contact an attorney in your area as soon as you can. If your husband was not served with the papers and was not living with his ex at the time of delivery of the lawsuit the judgment and the garnishment can be set aside but he needs to file paperwork with the court challenging it or the employer is required to withhold the funds from his pay.
0 upvotes