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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Friday my husbands paycheck was garnished. We were surprised

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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.
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 3 years ago.

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

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 3 years 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?

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.

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