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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35406
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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Judgment over credit card and now garnishment of wages. How

Customer Question

Judgment over credit card and now garnishment of wages. How would we submit motion to dismiss garnishment of wages and round two, motion to vacate judgment in Florida?
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no. Not sure I am inclined. Trying to find out jurisdiction and statute of limitations
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else important you think the Lawyer should know?
Customer: The original credit card debt was with Target for $5-6K several years ago. In my wife's name only. Midland Finance bought the debt for I am sure pennies on the dollar. She was served a judgment on October 18, 2012 and someone signed for the serving and she was not even informed this was happening. Now, nearly 4 years later, she has a garnishment served at her work and again someone else signed and she was then told about it. Want to tie this up with Midland and try and make go away.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Legal
Expert:  LawTalk replied 7 months ago.
Good afternoon,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. The wage garnishment order itself is served on the employer at work, not on your wife at work. So the fact that someone else was served at work is not a legal basis to do anything. If there is already a valid judgment, there is no legal basis to attack the garnishment and have it dismissed. You would have to attack the underlying judgment, and if it was a default judgment because your wife was never served with the lawsuit in the first place, then you would need to file a Motion to Set Aside Default Judgment in the court where the judgment was entered. If the court does set aside the judgment, then you may seek to set aside the wage garnishment as well. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug
Expert:  LawTalk replied 7 months ago.
Good afternoon,Do you have any additional questions that you would like me to address for you?In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug