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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31019
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi, Im being garnished for a credit card dept from 2002 by

Resolved Question:

Hi,
Im being garnished for a credit card dept from 2002 by a 3rd party company. I filed a motion to vacate saying Improper service and I dispute the amount of judgment. I also sent a letter to the company stating that the garnishment was negatively affecting my family and I with hopes to stop the garnishment and do monthly payments. My options are exausted and i will loose everthing if this isnt stopped. What can i do?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 7 years ago.

Your only hope is to have the judgment vacated due to insufficient service of process/ineffective service of process.

 

It is too late to complain about the amount of the judgment if process was effective - all you can do is try to have it set aside due to improper service.

Customer: replied 7 years ago.
Ok....but i read that a Meritorious Defense or Disputing the debt is a cause to Vacate judgment....??? So if I asked the judge to reset my court date and the next letter i recieved was a letter saying the judgement was granted; does that count as improper service? I never recieved a date for a new hearing.
Expert:  Roger replied 7 years ago.

That is right. If you can prove that you weren't served with process, and the creditor can't refute that with evidence, the court should vacate the judgment.

 

No. improper service is if you were never served with a summons to appear in court. If you were given a summons and appeared in court and asked for a continuance and you didn't follow up to find out when, that is not improper service. It is up to you to find out what your new court date is.

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