Is a writ of garnishment valid, if I never was issued a summons to appear in court?
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Is a writ of garnishment valid, if I never was issued a summons to appear in court?
I received a writ of garnishment. I never was issued a summon to appear in court from a police official, and it says they have judgment against me. The credit debt is from 19 years ago which is incorrect; the acount was opened about 11 years ago, which also tells me that the court records are incorrect. The account was opened by my girlfriend and I. We were no longer together for many years. I also know if a delinquent acct is over so many years (pass the statute of limitations).
Asked on August 5, 2012 under Bankruptcy Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A wage garnishment results after a judgment is entered against a person and the judgment creditor then attempts to levy upon the judgment debtor's assets to satisfy the judgment. A summons is not in the process for a garnishment. It is simply done and then the judgment debtor is then advised about the process and given an opportunity to contest such. I suggest that you may want to consult with an attorney who practices consumer law to assist you in your matter.
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