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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110513
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I have a default judgment in Louisiana. I have been getting

Customer Question

I have a default judgment in Louisiana. I have been getting garnished on since 2011. The district court will not release the funds to the plaintiff because the judgement was not processed adequately with due process -- $53,000 in holding right now with the sheriff 's office.the plaintiff now filed the judgement in the state I live in, PA. I have been fighting this for 5 years and money keeps gettin garnished and its just sitting there. I filed an appeal for the entire case to go to 2nd district court in Louisiana to have the garnishment stopped but the plaintiff filed the judgement in PA. How can i get him to leave me alone? Louisiana already has $52,000 and now the plaintiff i feel want to garnishee in PA too
JA: Since laws vary from place to place, what state is this in?
Customer: I live I PA he just filed the same judgement from 2011 in PA and didn't advise the court I'm already getting garnished and that we are in appeal- he even has an ordered bond for me in Louisiana- to make sure I finish the appeal-
JA: Have you talked to a lawyer yet?
Customer: We had to fire a lawyer in Louisiana because he wouldn't do anything and couldn't get the plaintiff served- we don't have a lawyer in PA because we can't afford the retainer- I have to do it all pro se
JA: Anything else you think the lawyer should know?
Customer: It was a corporate lease break by eviction with self help- the garnishment is for $65k and we have paid $52-53k in holding at sheriff- just sitting there- I just paid 2k for a suspensive appeal in Louisiana to have the entire thing nullified and now the plaintiff if trying it all over again in PA
Submitted: 2 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to file your motion to set aside the judgment in Louisiana to seek to get the judgment vacated. It the judgment was not properly processed with due process as you say, then it is up to the LA court to reverse the judgment and throw out the default judgment. That is the only thing you can do. If you have the appeal filed in LA, then you need to file a "motion to dismiss" in PA and attach proof of what you filed in the LA court and ask the PA court to dismiss his action based on the LA appeal being filed. That is all you can do right now, because you have to resolve this in LA first. IF you win in LA, the PA court will release the money to you and not the other party.
Customer: replied 2 months ago.
We have done that all- lousiana has the money set aside- because we were never served- it's just growing in a pot, we filed the vacate through an attorney then we filed an amended vacate the plaintiff never got served so we never had a court date in Louisiana, but still garnished. We filed a motion to dismiss this year ourselves, had court to have an actual hearing- we were denied due to time of notification- but the judge did not release the money to the plaintiff- we filed an appeal, and just paid for it. Then u received notice in PA that they received the same judgment that we have already been getting garnished on.--- so I should file an answer for the judgment in pa for a dismissal, vacate or stricken?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply;
You should file an answer in PA asking for their request to be dismissed based on the action still pending in LA.

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