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Was notified of a garnishment by my employer for a debt that…

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Hey I was notified...

Hey I was notified of a garnishment by my employer for a debt that was in a ch 13 bankruptcy and I had the bankruptcy dismissed and may still owe them some monies but they have acquired a judgement against me for the full balance as if they were never paid through bankruptcy and I was never even served. What can I do>?

Lawyer's Assistant: What state are you in? And has anything been officially filed?

Tennessee and obviously it has been to court and a judgement???

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

A case for a judgement

Submitted: 10 months ago.Category: Legal
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Answered in 3 minutes by:
10/2/2017
Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,319
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

I'm sorry to hear about your situation. Under Rule 55.02 of the TN rules of civil procedure, it says, "For good cause shown the court may set aside a judgment by default." In this case, if you weren't served and the debt was supposed to be discharged and you were given a default judgment, then you need to file a motion with the court immediately to have this ruling set aside. You can take the motion to your local court and request the court to enter a judgment in your favor because it was discharged under ch. 1. You'll need to serve a copy on the creditor as well to advise them of this action so they can review it as well and a judge should enter the motion in your favor and order a return of the funds back to you.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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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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