What canI do if my wages are being garnished butI never received notice of the judgement allowing the garnishment?

I was never notified of any lawsuit.

Asked on July 26, 2010 under Bankruptcy Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is very difficult to remove a garnishment that is already in place but not impossible.  But it will require that you go to court and attempt to vacate the judgement rendered against you and request that the court issue an order enjoining the creditor from garnishing the wages any longer until the matter is heard before the judge.  Vacating a default requires that you give the court a good reason why you did not respond to the action brought by the creditor and what is known as a meritorious defense in some jurisdictions.  That means a valid reason to defend the case against the creditor.  You are going to need help with all of this.  You can not do it on your own.  Good luck.


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