Is a writ of garnishment valid, if I never was issued a summons to appear in court?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption