Can monies garnished due to a default judgement be recovered if the debt can be proven invalid?

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Can monies garnished due to a default judgement be recovered if the debt can be proven invalid?

I have a university that has been pursuing me for alleged unpaid tuition. To be allowed to walk in my graduation ceremony, I had to have a zeroed account, yet years later they pursued and won a judgement for $3000. I did not know of judgement as I had moved out of state by the time documents were served. My wages have been garnished. If I have an accountant audit my billing records and find that the money was not owed, can I recover all monies paid, and garnished to the collecting law firm?

Asked on November 14, 2011 under Bankruptcy Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The problem that you are writing about is a big problem for you given that there is a default judgment against you. It means nothing if your accountant in an audit can show that you do not owe the $3,000 default judgment because that there is a judgment against you. The judgment is the existing order of the court against you.

I suggest that you consult with an attorney to see if you can have that default judgment set aside. Usually at most one has at most 6 months to try and set aside a default and default judgment. If you cannot get the judgment set aside, you are stuck with the outcome.


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