the court action took place in another state. I was never informed. The debt is from a previous marriage. Please advise.
2006-10-07 19:49:11 · 4 answers · asked by fran_954 1 in Business & Finance ➔ Credit
If you were never notified of the judgement then you have grounds to have the judgement vacated. File a motion with the relevant court body and be prepared to show evidence that you were never notified.
Evidence can include: showing that you have utility bills etc. sent to the current address for a period of time, etc.
Even once you get the judgement vacated the party that requested the garnishment can turn around and sue you, but at least this time you will be able to have your say in court.
2006-10-07 20:01:46 · answer #1 · answered by Asher S 4 · 0⤊ 0⤋
You must file an application to a judge. Then you serve the creditor with the document and then testify to what happened when you appear. You do not need to say anything other than this garnishment was the first you heard of the matter. Then you ask the judge to set the judgment aside. The judge may grant your request, but may make it with the provisio that the creditor may re-file the claim, or leave it open in some way for re-application. Once the judgment is set aside, the creditor must then begin again from the beginning with their claim, this time properly serving you with the documents. Your local laws may vary, as you say this involves a former marriage. This is drawn from the laws of British Columbia, in a very general way. You can usually get a 30 minute meeting with a lawyer for no fee. Do that with 3 lawyers, then pick the best one.
2006-10-07 19:59:56 · answer #2 · answered by vicfta 2 · 0⤊ 0⤋
You can't stop until everything it's páid in full. But don't play "the I didn't know" Because the court sent you a letter, before the ganishment started! I don't know how much you owe, but they'll take about 20-25% from every check!
2006-10-07 22:43:27 · answer #3 · answered by alfonso 5 · 0⤊ 0⤋
first of all in the divorce who was told to pay past bills if you where nothing you can do but to file bankruptcy if he was go to the court and show them the decree and order to stop the garnishment
2006-10-07 19:52:58 · answer #4 · answered by robert899295 3 · 0⤊ 0⤋