Answer

In order for there to be a garnishment, there had to have first been a final judgment. And in order for there to have been a final judgment, your husband (or a curator acting on his behalf) should have been served with the summons. What your husband should probably do is review the entire record to see if there was a procedural error or if service was in fact insufficient. To do this, he should contact the county or city clerk of court and ask for a copy of the file. He also needs to review the record to find out when the final judgment was rendered and whether his time period to appeal has passed. If it turns out that he was not served at all, he may be able to have the original judgment nullified.

If, on the other hand, the judgment was acquired properly, it appears his only remaining options to stop the garnishment would be to pay what he owes or come to some agreement with the creditor whereby he makes the payments himself. He might even be able to negotiate a lower amount or a longer period to pay the money back.

Expert:	Amber E.
Pos. Feedback:	97.5 %
Accepts:
Answered:	5/22/2009

Attorney

Experienced practitioner in areas of Divorce, Custody, Social Security, and Contract disputes.