Judgment issed but wasnt served

Submitted by Anonymous (not verified) on Tue, 09/28/2010 - 06:03
Forums
Credit repair

Hi,

Yesterday I was informed by my bank that my bank account which had $3600 in it was attached with an $10,688 garnishment. My bank said that this attachment will exist for 30 days.

However, I had no notice about the lawsuit and I had no communication what so ever from the creditor. So what should I do? should I reverse the garnishment? or directly reverse the judgment? Can I sue the creditor for violating the fair debt collection practices act?

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Aaron

Hi Berry,

I think you should check your credit report first.

So what should I do? should I reverse the garnishment? or directly reverse the judgment?

You did not receive any notice regarding this lawsuit. Thus, you can file a motion to vacate this judgment. I don't think you need to separately reverse the garnishment.

Can I sue the creditor for violating the fair debt collection practices act?

You can sue the creditor but this is not a violation of Fair Debt Collections Practices Act (FDCPA).

Thanks,

Aaron

Tue, 09/28/2010 - 07:50 Permalink
Ron D (not verified)

Hi Berry,

If you were not properly served with the court papers you can file a motion to vacate this judgment.

Thanks

Tue, 09/28/2010 - 11:51 Permalink
Tanner

Hello Berry,

Pull a copy of the case at your court house if there is no documentation of service or faulty documentation of service this should be required in order for them to obtain a default judgement you can file a motion to vacate a judgement however move quickly on this as most courts do not allow alot of time to file a motion.

Also yes you can sue the collections agency

1) Using unfair or unconscionable means against Plaintiff in connection with an
attempt to collect a debt including filing false court documents in order to obtain a
default judgment against the Plaintiff (§ 1692f); and
2) Using false representations and deceptive practices in connection with collection of
an alleged debt from Plaintiff, including misrepresenting that Plaintiff had been
served with a lawsuit and summons (§ 1692e(10

Wed, 09/29/2010 - 21:05 Permalink
Auth (not verified)

I am being gseriahnd for an apartment I broke the lease on. I was moved out before the final eviction papers were served. This debt is mine. However, I was never served any paperwork regarding garnishment or a court date about garnishment. The paperwork was sent to my employer who then mailed the copies to the wrong address.What is the process for serving papers on regarding garnishment? Can I fight this garnishment based on never being properly served?

Sun, 02/26/2012 - 13:05 Permalink