Consumer Protection Law

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I recently had my bank account garnished for a judgement…

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I recently had my bank...
I recently had my bank account garnished for a judgement form 2011, I was never served back in 2011 and this is the first time I am hearing that I had a lawsuit against me that resulted in default judgement. The funds a held at the County for now what do I do to stop the funds from being released to the collection company
Submitted: 20 days ago.Category: Consumer Protection Law
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Answered in 18 minutes by:
5/31/2018
Consumer Protection Lawyer: Ely, Counselor at Law replied 20 days ago
Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (And, please ignore any reports from the site regarding your expert being offline - they are incorrect.)

I am sorry to hear about this situation. This is a two-step process. By this I mean two motions have to be filed. The first is a Motion for New Trial. However it may be called something differently (such as Motion to Set Aside Default Judgment) depending on what the Plaintiff told the Court in regards ***** ***** (did they lie, or did they serve you alternatively, was there some kind of mistake, did they serve the wrong person, etc). This asks the Court to void the judgment and re-open the case anew.

The second motion filed back to back with the first is a Motion to Stay. This asks the Court to PAUSE the collection while it considers the motion for new trial.

Because this is a highly nuanced matter dealing with not only case law but also deadlines, an attorney IS recommended. If funds are limited, I can provide a list of pro bono attorneys in your state.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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