Hi - my name is XXXXX XXXXX I'm a Consumer Protection attorney here to assist you.
For the creditor to get a garnishment order, that creditor had to first get a judgment from court. This is done with a court proceeding.
Were you living in Alabama at the time the creditor got the judgment?
If you were not living in Alabama at the time the creditor got the judgment, that creditor got a "default" judgment.
You should first call the clerk at the court that issued the judgment to explain that you do not live in Alabama and you were not living in Alabama when the default judgment was issued.
A court in one state cannot issue a judgment against someone who lives in another state.
To get a proper judgment, that creditor would have to sue you where you live - in Michigan.
Who is asking for your financial information?
The court has to dismiss the judgment. The law office that filed the lawsuit will continue to try to collect the judgment until you get the judgment dismissed.
Sometimes this can be handled by mail, and sometimes it cannot be handled by mail.
If you cannot go to Alabama, you can hire an attorney to handle the motion to dismiss the default judgment.
This is a simple proceeding, so it should not cost much.
Then the garnishment papers are also dismissed.
They will not be able to try to collect the judgment.
How did they get your address in Michigan? Were the papers forwarded from Alabama?
Did you originally live in Alabama?
Who spoke with them? The debt consolidation company?
Does the creditor have your address in Michigan?
How much is the judgment for?
Then it is likely they will go to a Michigan court to register the judgment so they can collect it in Michigan. But until they do this, they do not have the right to collect it in Michigan.
That is correct.
You can at that time hire an Alabama attorney to have the judgment dismissedd.
Well, the judgment will appear on your credit report.
Did you see my response regarding the type of attorney you would need?
And at this point, you do not have to provide any information to them.
The best way to find one
is to call the Alabama Bar Association. The number is(NNN) NNN-NNNN
A "Consumer Protection" attorney.
No - there is no time limit to filing a motion to have the judgment dismissed.
Yes, but you cannot expect them to accept less than around 50% of the judgment amount.
And if you do come to an agreement, it is important to get the agreement in writing before you pay anything.
Yes - if they have not already deducted the amount you paid from the total due, they should deduct that amount before negotiating.
I am happy I was able to help set your mind at ease.
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