QUESTION

In a debt collection, can a company get a judgement without notifying the defendant? Also, is it legal to for said company to dock pay without the def

Asked on Jul 15th, 2011 on Debtor and Creditor - Georgia
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In a debt collection, can a company get a judgement without notifying the defendant? Also, is it legal to for said company to dock pay without the def
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Bankruptcy Attorney serving Atlanta, GA at Rogers Law Offices
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No, a collection company has to file a complaint and serve the defendant via personal service in order to obtain a valid Judgment.  It is possible to serve a complaint via publication if personal service could not be obtained but the Judgment would not be valid and could be attacked.  As far as docking pay without notice, yes once the judgment is obtained then the collection company can file a wage garnishment.  The wage garnishment is first served on the employer and then notice is required to be sent to the judgment debtor.  See O.C.G.A. 18-4-60 et seq.  If proper notice was not given, it may be possible to attack both the Judgment and the Garnishment.  Please feel free to call me if we can be of further assistance in this matter. Beth E. Rogers ROGERS LAW OFFICES 770-685-6320
Answered on Jan 25th, 2012 at 12:37 PM

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