Accepted Answer

Thank you for contacting our JA team for guidance.

In order to attach your bank account they must have a judgment against you. If you were not personally served with the summons and complaint for the underlying lawsuit, then you would need to file a motion to have the judgment set aside and the garnishment terminated since they violated your right to due process of law.

The state bar association can provide you with attorney referrals as well as any low cost programs that are available in your area. I would not allow them to get away with this if that is what happened. It may be a zombie debt for which you are no longer liable anyway.

Please let me know if you need additional information.


Best regards to you,

TG

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Expert:	Tina G, BBA, JD
Pos. Feedback:	99.1 %
Accepts:
Answered:	11/5/2009

Lawyer.

licensed attorney for 12 years including employment, business, contract, domestic, and general civil