Is it legal to garnish my wages for a civil law suit I was never told or received notification about?

Is there anything I can do to fight it?

Asked on October 27, 2011 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you believe that you were never personally served, subserved or served by publication with the lawsuit that you are writing about, you can file a motion to set aside the judgment against you that resulted in a wage garnishment.

In order to see the merits of the ability to set aside the judgment, you need to go down to the court house to see how the summons and complaint was supposedly served upon you, You have a certain time period to try and set aside the presumed default judgment against you, I suggest that you consult with a general civil litigation attorney about your situation for guidance.


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