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JB Umphrey
JB Umphrey, Attorney
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Experience:  Explains legal matters based on 14+ years experience.
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My son had a default judgment issued against him for cc debt.

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My son had a default judgment issued against him for cc debt. They are now garnishing his wages. My son only told me about this after the judgment. Once I looked at the judgment, I realized the only info on the debt was a generic printout of a credit cards terms. Nothing attaching my son to any debt. Can we do anything in court to stop this judgment?
Submitted: 5 years ago.
Category: Legal
Expert:  JB Umphrey replied 5 years ago.
Thank you for using JustAnswer!

As a general matter, is your son saying that the debt wasn't his?

Why didn't your son answer the lawsuit or go to court?

What state was this judgment entered in?
Customer: replied 5 years ago.
The debt is his and I believe he did not answer the lawsuit out of fear. He only told me about it after his wages were garnished.
I read that if the debt collector cannot verify the debt they cannot file a lawsuit against you. I am hoping we can get this current judgment thrown out. The judgment is for over 7000 dollars when the original debt was only 2000. The judgement was entered in Colorado.
Expert:  JB Umphrey replied 5 years ago.
He can file a motion to set aside the default. I can't promise that the judge will grant it. However, here's the link for the form that your son will have to fill out and file with the court: http://www.courts.state.co.us/Forms/Word/jdf78.doc

That motion, however, does not automatically stop the garnishment. To try to put the brakes on that, your son can try to claim that his wages are exempt from garnishment. Here is the form he'd fill out and file with the court: http://www.courts.state.co.us/Forms/PDF/CRCP30.pdf

Additional information can be found at: http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/29

Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 11 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
How do you think the answer should be formulated as far as why he he never reponded to the court? I am sure there is not much simpathy. Additionally, how to answer the garnishment exempt form as well?
Expert:  JB Umphrey replied 5 years ago.
That's a tough one. Saying that he was afraid to go to court is not a good enough reason for the judge. I really can't help you there. Your son will have to come up with something that he feel comfortable with swearing under oath to as being true.

As for the garnishment, the approach is: the funds are exempt from garnishment because the underlying default and judgment are currently being challenged.
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 11 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
What are some examples that Judges deem appropiate for suspending a judgement?

Thanks
Expert:  JB Umphrey replied 5 years ago.
The defendant was not properly served.

It is not the defendant's debt.

The defendant missed the court date because s/he was in jail or hospitalized (attach proof of incarceration or hospitalization).
Customer: replied 5 years ago.
So because he never received any validation of the debt, we could answer the court that this is not his debt which would mean the attorney would have to provide validation of debt. Is that correct?
Looking at the judgemnt and not seeing any validation of debt, do you believe this would cease any further garnishment or judgment?
Expert:  JB Umphrey replied 5 years ago.
No, you can't use non-receipt of validation of the debt. What I meant is that he wasn't served with a copy of the lawsuit. If you're served with the lawsuit and go to court on it, you can then get your validation of the debt.
Customer: replied 5 years ago.
I am confused. He was served a summons and did not respond which ended up in a default judgment. Can he now answer the court that the debt is not his?
If not, is there anything else we can do?
Expert:  JB Umphrey replied 5 years ago.
He can say that the debt isn't is.

That's different than saying he didn't get a validation of the debt -- that implies that the debt is his and there's just a dispute in the amount owed.
Customer: replied 5 years ago.
So we would answer with "the debt isn't his" under where it reads

I did not file a written response OR appear in Court on the date of the trial or the date of the entry of judgment because:

Is that correct?

How would he answer to facts he has to prove his case?

Additionally, did you received the bonus from an earlier question? I never received a confirmation email.

I really appreciate your help

Expert:  JB Umphrey replied 5 years ago.
There are two things you have to explain:

1. Why he didn't go to court. ( you can't say because the debt wasn't his.....the question wants to know why didn't go to court to even fight).

2. What's his defense to the case (e.g., the debt's not his)
Customer: replied 5 years ago.
Any answers the judge looks for under number one?
Expert:  JB Umphrey replied 5 years ago.
The judge looks at the responses to both parts. If you can't meet both parts of the test, the motion gets denied.
Customer: replied 5 years ago.
What would be a good answer to part one? I do want to say he was scared.
Expert:  JB Umphrey replied 5 years ago.
You can say that. It's a pretty good bet that the judge won't buy it.
Customer: replied 5 years ago.
What would the judge accept as an answer?
Expert:  JB Umphrey replied 5 years ago.
Honestly, from the facts you've described, your son may have a situation where a judge cannot be persuaded that the default should be set aside.
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 11 other Legal Specialists are ready to help you

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JB Umphrey
JB Umphrey
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Explains legal matters based on 14+ years experience.