How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37135
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

Friday my husbands paycheck was garnished. We were surprised

Resolved Question:

Friday my husbands paycheck was garnished. We were surprised because we were not aware of any credit issues (just bought a new truck this week). All 3 credit bureaus are clean. Papers showed up Saturday, garnishment is from First Resolution Trust Corp. We found the court record online, my husbands x-wife excepted service in July of 2006 (she never said anything about it to him). Default judgement was granted in November of 2009. Garnishment papers show he owes them just shy of $7,000. He called the ex-wife who played stupid and said she'd never been served. We also found 2 other money judgement claims in the court system for my husband where the ex wife had also received service. I'm not making excuses on my husbands behalf but he worked in the oilfield during their marriage and worked 3 weeks away from home and was only home 1 week a month. What can we do to clean up this mess? We have no idea who the actual debt is with in regards XXXXX XXXXX Resolution Trust from what I've read on line it appears that they buy very old credit card debt and seek judgement. My husband is not aware of any unpaid debt, but his ex wife has a history of opening accounts in his name.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

This is a bit of a tough situation. Has your spous attempted to contact the judgment lien holder against him at this time and obtain their records in this claim?
Customer: replied 1 year ago.

No not yet. We have two contacts First Resolution Trust Corp, and a local lawyers office who represented them.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Cheri.

That is where your spouse really needs to start. He could contact them and request information proving validity of this claim, and as he was never personally served, potentially file a motion in court later to 'set aside' the judgment and obtain a re-hearing. This is a bit of an outside shot, however--after 4 years most courts will likely ignore the petition and uphold the judgment since the other party had plenty of time to appeal. (Yes, I realize the argument is flawed since he never had knowledge, but if his ex was served and failed to show, then the judgment affects him same as her in this case). It does not mean that you cannot consider this option, it just has a fairly low chance of success. Historically what works best is a negotiation for a lump sum payoff of the debt in exchange for the removal of the hold. There is also potentially a claim against the ex for fraud and forgery if the debt is solely hers.

Good luck.

Customer: replied 1 year ago.

She is not mentioned on the judgement, I did cross check under her name and there are not any lawsuits in her name. What we suspect is that she created the debt and then successful hid the same from her spouse. Although as the spouse she accepted service this information was never conveyed to her then husband. Does ignorance have any merit in this situation?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Cheri.

A spouse accepting service on behalf of the other spouse is considered valid, and consequently that would not void service or the suit. In terms of ignorance, that does not help, but arguably your spouse would have a suit for 'breach of fiduciary duty', that is failing to properly disclose or inform him of this suit. It would not negate the suit, but it may permit him to sue the ex and recoup his losses.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37135
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 4 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.