What to do if my check is being garnished every 2 weeks but I was not presented with a summons to appear in court?.

I called the firm and thay stated that my son signed for the summons and the description on the summons was 26 years old, brown hair, 5-11, my son at that time was 18 years old, 6-0, black hair and he said he never signed because he told them I did not live there and he did not think he should except the summons. At the time they said it was served I had not been living in the house for 5 years. I have been paying now going on two years is there anything legal to stop this garnishment.

Asked on November 15, 2012 under Bankruptcy Law, Virginia


eric redman / Redman Ludwig, P.C.

Answered 8 years ago | Contributor

unless you could show that you did not actually owe the debt, the court will not set aside the judgment for fasilure to get notice.  if you have a defens eto the debt , then you can file a motion to set aside the judgment and get a trial.

if you owe the debt, a bankruptcy is one way to stop the garn and get rid of al your debts.  otherwise you are at the mercy of the atty for the creditor

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