How to file a motion to oppose a judgment?

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How to file a motion to oppose a judgment?

A credit card company began garnishing my sister’s paychecks months after the case was settled through a credit consolidation company. She was unaware this was going to happen. She went to courthouse and received paperwork, signed by judge, showing the case was closed months back but then reopened under a different case number. She also received a copy of the summons for the lawsuit supposedly served to her husband but neither of them recall receiving it. The courthouse directed her to the Internet to file a motion to oppose but we are unable to locate such a form, and are not sure where to begin. Does she need an attorney’s assistance in filing this or can it be done independently?

Asked on November 7, 2010 under Bankruptcy Law, Arkansas

Answers:

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

Answered 10 years ago | Contributor

Every state has their own set of procedural laws dealing with the type of motion that one must file in a matter.  The clerk told you to file a motion to oppose the garnishment.  That may be how to handle it in Arkansas.  In New York, we would file a motion to vacate the judgement and to enjoin the company from garnishing the salary.  For the motion to vacate you would need to state a reason - that you were not properly served - and what is known as a "meritorious defense" - the debt was part of a consolidation.  I would consult with an attorney here and I would ask if you could obtain legal fees and compensation for their "bad faith" in starting the action again after it was closed.  Good luck.


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