To: James Harold Alton who wrote (12616 ) 12/11/1998 12:57:00 PM From: Parker Benchley Respond to of 19331
James, all, I was wondering if there are any attorneys reading this thread that will comment on the real power or non power of the notice sent to Spider Valdez. It would seem that the only panache that could come from such a request is if Spider actually lends this alleged Solomondt Esq. a hand in expediting his own threatened demise? Ha ha ha. I was under the assumption that court dockets are not written in stone and any bottom feeder attorney can change or cancel a venue. I read this as more of a duuh cument than a document. In another life I used to date an attorney (brrrrrr) who knew of many official legal documents that looked and read like they were important, but in reality were innocuous within themselves. Most of them were used to send to people who were deadbeats on paying debts. It was really a veiled threat to bring a delinquent debt to the attention of the persons employer (or family) and cause them to pay therefore avoiding personal embarrassment. If it scares the person into paying and they are truly deadbeats in the wrong, I guess it's ok. If the person sees through this as a ploy all they have to do it say "shove it" and the person owed will need to proceed with real action. Below is part of one of these documents: To someone in the wrong not seeking legal counsel and not shifting too fast, it could look pretty scary. Onward, George -----------------------------------------STATE OF MINNESOTA COUNTY OF____________________________ DISTRICT COURT JUDICIAL DISTRICT _________________________________ (Creditor) against _________________________________ (Debtor) and (Garnishee)THE STATE OF MINNESOTA TO THE ABOVE NAMED DEBTOR GARNISHMENT EXEMPTION NOTICE AND NOTICE OF INTENT TO GARNISH EARNINGS WITHIN TEN DAYS PLEASE TAKE NOTICE that a garnishment summons or levy may be served upon your employer or other third parties, without any further court proceedings or notice to you, ten days or more from the date hereof. Some or all of your earnings are exempt from garnishment. If your earnings are garnished, your employer must show you how the amount that is garnished from your earnings was calculated. You have the right to request a hearing if you claim the garnishment is incorrect. Your earnings are completely exempt from garnishment if you are now a recipient of relief based on need, if you have been a recipient of relief within the last six months, or if you have been an inmate of a correctional institution in the last six months. Relief based on need includes Aid to Families with Dependent Children (AFDC), AFDC- Emergency Assistance (AFDC-EA), Medical Assistance (MA), General Assistance (GA), General Assistance Medical Care (GAMC), Emergency General Assistance (EGA), Work Readiness, Minnesota Supplemental Aid (MSA), MSA Emergency Assistance (MSA-EA), Supplemental Security Income (SSI), and Energy Assistance. If you wish to claim an exemption, you should fill out the appropriate form below, sign it, and send it to the creditor's attorney and the garnishee.