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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34320
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I was sued for a debt in 2010 in Adams county. I was just given

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I was sued for a debt in 2010 in Adams county. I was just given a writ of garnishment on a bank account is my health savings account. ! st off I was never properly served the papers for the law suit so I did not know about the case so how can I get that reversed for improper service? 2nd Can they get my health savings account since its only for health related services?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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st off I was never properly served the papers for the law suit so I did not know about the case so how can I get that reversed for improper service?
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If you were never properly served the summons and complaint and had an opportunity to fight the claim in court, you can file a "motion to set aside or vacate" the judgment based on improper service of process. A defendant has a right to be informed about any legal action and mount a defense to it. If they don't get legal service, this can be grounds for the judge to vacate the judgment and force the plaintiff to start their case over from scratch as long as the statute of limitations hasn't run on the claim.
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2nd Can they get my health savings account since its only for health related services?
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Unfortunately, I don't see anything that would exempt the HSA from being garnished. The only statutory exemptions are for retirement accounts like 401Ks or IRAs. An HSA is not protected from creditors unless it qualifies as an employer-sponsored benefit plan under the Employee Retirement Income Security Act (ERISA) of 1974.
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ERISA is the federal law that controls what rules govern employee benefit plans. According to the U.S. Department of labor, an HSA, whether offered by an employer or opened by an individual, is not an ERISA plan. There is no exemption in the law specifically protecting HSA balances from the reach of judgment creditors.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 3 years ago.


What is the proper way of getting discovery from the lawyer to find out the last transaction with the company and who did the process service? What do I have to prove the service was improper? I believe the debt is past the limitations has run out. over 5-6 yrs

If you get the judgment set aside, then the creditor would then have to refile the suit and prove that it wasn't past the SOL for pursuing. After the creditor refiled suit, you could requests "discovery" and those documents that would show when the last transaction was.
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If you were to file a motion to set aside the judgment, you would simply state that you were never served personally and never receive any type of notice of the lawsuit. Then the creditor would have to respond and prove to the judge that you either were served or that they got service in another way, such as by "publication" in the local paper where they put a notice in the paper once a week for usually 3-4 weeks to get service.
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Then it is up to the judge as to whether to throw the judgment out and make them start over or to let it stand.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.


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