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Maverick
Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6105
Experience:  20 years of proefessional experience
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I just received a judgement request to garnish my wages debt

Customer Question

I just received a judgement request to garnish my wages for a debt made by LVNV funding LLC but do not know anything about the debt (how much owed, is it past statute of limitations, who the original creditor was...etc). How can I obtain this information before the scheduled court hearing Jan 5th 2016?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Maverick replied 1 year ago.

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ANSWER:

Take a look at the copy of what you were served with. It should have some information about the cause number in which the judgment issued. You would then need to find the court file for that cause number and look to see what papers were filed leading up to the judgment. This should tell you the information that you are looking for.

You may want to file a motion to stay the garnishment based on a lack of service of process of the underlying suit in which the judgment was obtained. It sounds like you never had notice of that lawsuit so that you could defend yourself. If that is in fact the case, then you would need to move to vacate that judgment in the court that issued it on the grounds of improper service of process and thus lack of jurisdiction.