Hi thanks for submitting your question today. The first thing you will want to do is file an objection to the garnishment of your wage. You can find the form for that here
. Then you will have to motion the court to set aside the judgment. You can find the form to file this here
. You will need to file both of these with the court clerk of the court in which the judgment was entered. There is a $20 motion fee for filing a motion. Further you will need to serve these on the opposing party. You will then have a hearing (it will be in the judges discretion to possibly let you appear by telephone) during which you will need to present that you were not properly served. Unfortunately less scrupulous attorneys and process servers will forge the defendant's signature on a proof of service. So if you have recent signature samples bring them to the court with you. And likewise be able to explain that you did not receive the original summons.
It is crucial you get the objection to the court within 14 days of when the employer mailed it to you or you jeopardize the garnishment being permanent. You are going to have a hearing on the objection set up at some time within the near future, probably around 21 days from the date of your objection. There is no requirement that you file the motion concurrent or at the same time as the objection but you might as well file them concurrent because a) you can have the hearing for the two on the same date, and b) the issues addressed on both matters are virtually identical - i.e., you were never properly served and had no notice of the underlying action against you.
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