QUESTION
Is there anything or anyway of getting the money back if I was never served a summons?
Asked on Apr 18th, 2014 on Bankruptcy - California
More details to this question:
On the day that the lawyer’s office said they served me, I was fighting for my life at an emergency room. They sued me without me even knowing about it. Now they are going to garnish my wages. I just received the notice of garnishment. I know I am going to lose that money.
3 ANSWERS
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
You need to file a motion to vacate supported by an affidavit and proof that you were at the emergency room. A judgment entered without service is void. You need to check the court file and make sure they did not serve a member of the family over 13. That plus mail is good service, although given your illness there might be good cause to vacate a judgment even then.
Answered on Apr 24th, 2014 at 5:45 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
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If you have a valid defense to the debt you seem to have a valid excuse why you did not respond to the lawsuit.. so you can file a motion to overturn the judgment.. Please contact an attorney IMMEDIATELY.
Answered on Apr 24th, 2014 at 5:44 PM
Insurance Law Attorney serving Pasadena, CA
at
KJM Law Partners
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If you were not properly served with the summons and complaint, you can file a motion to set aside the judgment which, if successful, would stop the wage garnishment and force the creditor to start the lawsuit from the beginning again.
Answered on Apr 24th, 2014 at 5:37 PM