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Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 99428
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Received a summons back in 2014 that had already surpassed

Customer Question

Received a summons back in 2014 that had already surpassed the 21-day response time. I called Suttell & Hammer and was informed it was too late to respond and court case had settled with default judgment. Now I received a bank garnishment notice from them. I have never received any other documentation from them regarding an old cc account
JA: Since laws vary from place to place, what state is this in?
Customer: washington
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: no
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. What exactly are you asking about this, i.e. what is your question?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 2 months ago.
My question is there anything I can do to vacate the default judgment and stop future garnishments.
Expert:  Ely replied 2 months ago.

Thank you. On this website, I do not always get to give good news, and this is one of these times.

The default judgment is back in 2014. Someone in your situation has virtually no options to set the default judgment aside unless they can prove that the service for the process was not proper to begin with. Which sounds to be unlikely if you say you were served.

Ergo, the only option otherwise is:

1) To enter into a voluntary repayment agreement (they have to agree) that ends the garnishment, or

2) File a bankruptcy which would void the judgment or reduce it to payments on the dollar and would end the garnishment as well.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 2 months ago.
I believe the account at time of judgment was at least 6 years from last payment made on cc account and the account had been bought and sold to multiple different collection agencies.
Expert:  Ely replied 2 months ago.


That does not change my answer, unfortunately. Assignmentship of debt (sale of debt) is common and is not illegal. This is true about the debt pre or post judgment.

Any statute of limitations defenses had to have been brought up at the time of the trial. Because they were not brought up (you did not answer in time at all), they have been waived. It is too late to argue this now.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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