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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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I live in Colorado. I was sued several years ago

Customer Question

I live in Colorado. I was sued several years ago for around 12k. I was served to my girlfriends daughter so I did not know about the court date. A judgement was entered against me. Now several years later they are garnishing my wages and because of all the extensions and interest they are getting 18k. I have worked at the same place for the last 22 years and they knew where I worked. Do I have a case against the attorney for waiting so long just to get the interest and other fees?
Submitted: 6 months ago.
Category: Legal
Expert:  Dwayne B. replied 6 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Are you asking if you can sue the attorney for the other side?
Customer: replied 6 months ago.
Yes I am. They waited for almost 5 years to garnish me and when I asked my employer how much they want it's over 5k more than the original debt
Customer: replied 6 months ago.
I was never notified of the suit until reciently
Expert:  Dwayne B. replied 6 months ago.
No, unfortunately there is no cause of action against the other attorney for this. You may still have options to get the original judgment reversed, but you'd need to speak to a local lawyer where the judgment was issued about it. It likely is too late to file a Motion to Vacate Judgment, usually those have to be filed within a year, but you have an argument that since you didn't get proper notice then it violates your rights to due process and therefore the judgment should be erased and the case allowed to proceed as if it had never been granted.

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