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Category: Legal
Satisfied Customers: 57730
Experience:  Licensed attorney helping individuals and businesses
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there is a judgement against me for x amount of dollars and

Resolved Question:

there is a judgement against me for x amount of dollars and I have noticed that the court documents all have my husbands name only on them. It was originally my husbands bill, but he was disabled and in a home so they dismissed him and came after me. I lost and now they are trying to garnish my wages, but at court I noticed the documents DONT have my name on them. And the judge agreed with me. But he wants time to review the file and see if he can find documents showing the judgement is against me. The court clerk printed out the original document and it shows my husbands name only. Is it possible the judge could dismiss the whole thing because of a technicality or will he say its just a mistake and garnish anyway?
Submitted: 8 years ago.
Category: Legal
Expert:  INFOLAWYER replied 8 years ago.
If you are wrongly named the court can dismiss you from the case. It wont permit a garnishment in such a circumstance.
Customer: replied 8 years ago.
if he does show that I was the person who did in fact go thru arbitration and a judgement was put against ME, then does the originally document become void or does the judge say well it may have been against her, but the paper work shows her husbands name? And will he indeed dismiss?
Expert:  INFOLAWYER replied 8 years ago.
The court will look to do equity and will seek to amend the papers to reflect the correct judgment debtor based on the proceedings to date.
Customer: replied 8 years ago.
ok last question: lets say the judge cant find anything new in the file stating my name specifically can he then dismiss ME from the judgement or only from the garnishment? And can they take me back to court?
Expert:  INFOLAWYER replied 8 years ago.
The judge can only do what is before the judge. If you made a motion to dismiss the court can consider it but otherwise may stay the garnishment if there is an issue as to the proper judgment debtor.
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