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NSW Garnishment of Wages by Debt Collectors Without My Knowledge?

Discussion in 'Debt and Bankruptcy Law Forum' started by Lord Litchfeld, 31 October 2015.

  1. Lord Litchfeld

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    I have an urgent problem. I have been informed by my HR department at the company I work at that I have a wage garnish on my earnings. This was made by Lion finance as they are a debt collection agency.

    My issue is on more than a few levels. Firstly the court summons was never made known to me, as I was living at an alternative address. I moved out about 9 -10 months from the address they had listed for me. A Court judgement was made without my knowledge and feel this is highly unfair.

    The next major point is my total earnings weekly is $980. I have to pay tax from that as I am not on a salary, I am freelancer. So I am only to be paid $465 and the Debt collectors, Lion Finance, get to keep more than half of my wages.

    I cannot afford to live on this amount after I have paid my rent $340, Bills and Tax $200. I would like to know how they can just make this amount legal to take without checking my financial situation and, more importantly, can I stop this garnish if I apply to get this garnishment stopped. I am furious that they can just make this legal and it was made without my consent or knowledge.

    Please, can someone help me with what to do? I'm so depressed about all this.

    The Finance company doesn't give a F##k about me or my predicament .
     
  2. Tim W

    Tim W Lawyer

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    You may find this a helpful starting point.
     
  3. Lord Litchfeld

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    Hi Tim,

    Thanks for pointing me in the right direction. It does seem that if I read correctly I can only apply to the court for a review if I do this 14 days after the order. In my case, I could not as I had no knowledge of the fact .This seems rather harsh. Do have grounds to apply back to the courts because of the address was outdated?
     

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