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Ask WALLSTREETESQ Your Own Question

WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15874
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Someone tried to serve me papers at an address where I used

Customer Question

Someone tried to serve me papers at an address where I used to live. The person there told them I had moved. What should I do now? Can they go to court and garnish my wages without me being involved?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 3 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

In MISS, the law for service in Civil Cases are clear

WALLSTREETESQ :

Rules of Civil Procedure, Rule 4(d) allows for personal or residence service. In addition, Rule 4(c)(3) allows for service by first-class mail, postage prepaid, together with two copies of a notice and acknowledgment of receipt of summons and complaint, and a return envelope, postage prepaid, addressed to sender. If no acknowledgment is received within 20 days, must attempt personal service.

WALLSTREETESQ :

They would be able to receive a judgement and garish your wages at this point, unless you file a motion to vacate the judgment due to serving the wrong place of residence.

WALLSTREETESQ :

If you re open the case the garnishment will stop, or you will have to file a chapter 7 bankruptcy and that will stop the garnishment

Customer :

So you are saying that a garnishment could take place even though the officer took the papers back with him? How would i know when court was to file a motion to vacate the judgement?

WALLSTREETESQ :

According to the law, personal service is not required, and they can mail the document per the law or serve the residence and claim that they served your residence.

WALLSTREETESQ :

At this point you should contact the Civil Court in the county where you lived and ask the clerk if your name is associated with any civil case.

Customer :

So if someone hadn't called me, I would have never known anything about it.

WALLSTREETESQ :

If so, than you need to examine the service they did and if a judgment was given, you would then file a motion to reopen the case due to lack of service

Customer :

the papers were just served today

WALLSTREETESQ :

This happens all the time, and the creditors get a default judgment against people when they do not even know about it.

WALLSTREETESQ :

If they were served today, the case has not even started yet, so it will take some time for them to get a judgment.

WALLSTREETESQ :

You could contact the Court and obtain a copy of the Summons, and file an answer to it.

Customer :

since the people there told them I moved what will happen next? will they try to find me?

WALLSTREETESQ :

they may try to find you, or just serve the residence they know about, and state to the Court that they served your last known residence

WALLSTREETESQ :

In my experience they would serve the residence and tell the Court they served the last known

Customer :

no papers were actually served though they took the papers back with them

Customer :

ok thank you

WALLSTREETESQ :

That may mean they will try to find your address through driving records or public records,

WALLSTREETESQ :

if you have not changed your drivers license address, or kept the same address, they will serve the prior residence

WALLSTREETESQ :

Either way this is the start of a lawsuit, and you can file an answer to delay any judgment and garnishment

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask

WALLSTREETESQ :

If satisfied please press the accept button so we can receive credit

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