QUESTION

Garnishment

Asked on Jan 29th, 2015 on Civil Litigation - Colorado
More details to this question:
An atty in VA is garnishing my wages . This ?Debt is 7 yrs ago. An x girlfriend didn't take my name off a lease. Her new boyfriend moved in. she committed suicide 6 mos. after I left. Now 7 yrs later they are coming after me. How di I fight the garnishes.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
A garnishment is based on a judgment.  Apparently, you were sued and lost, and a judgment was entered against you.  From the question, it seems as if you didn't know about the lawsuit, and the judgment may have been entered on default.  If you were never served with the summons for the lawsuit, you can get the judgment vacated, and the garnishment will fall as well. The judgment creditor may sue you again (it is not the attorney garnishing your wages, it is his client, the judgment owner; the current judgment holder), but may be unable to because the statute of limitations may have expired.  If it has not, and you signed the lease, it does not appear that you have a defense to the claim.  You and your ex may have agreed that your name would be taken off the lease, but that was between the two of you and does not bind the landlord.  You can't be removed from your obligation under a contract without the other contracting party's consent.  However, if you did have such an agreement with your girlfriend, which she breached, you may be able to sue her estate for any money which you are forced to pay on the lease.
Answered on Jan 30th, 2015 at 9:58 AM

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