QUESTION
What can she do about it since this whole situation is messing up her credit?
Asked on Dec 27th, 2012 on Divorce - Georgia
More details to this question:
My dad signed for my mother when he was served papers while she was living on the other side of the state. Since he did that, a third party collection agency took every single dollar out of her bank account. She was not aware of him signing the paper until the money was taken.
6 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I do not understand the service issue, and beyond that, do they have a real defense or do they owe the money?
Answered on Jul 07th, 2013 at 10:09 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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She can try to have the judgment set aside for lack of actual notice. She should obtain counsel to help her.
Answered on Jan 07th, 2013 at 12:10 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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It sound like the creditor obtained a judgment. She must make a motion to the court to request that the default judgment be "vacated" to permit her to defend against the lawsuit. This request will be considered by the court only if she actually has a valid defense to the debt.
Answered on Jan 07th, 2013 at 12:09 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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She can hire a lawyer and try and get the verdict overturned.
Answered on Jan 07th, 2013 at 12:09 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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In a divorce she can seek to get the money back from him. This sounds like a marriage headed for divorce.
Answered on Jan 07th, 2013 at 12:03 PM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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She has a remedy which will depend upon the actual facts of the case. She should consult a lawyer. Service of process may have been invalid. Furthermore they have to obtain a judgment before they can garnish a bank account.
Answered on Jan 07th, 2013 at 12:02 PM