What to do if my wages are being garnished and I received no prior notification?

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What to do if my wages are being garnished and I received no prior notification?

My credit card company sued me without my knowledge and won. I was never summoned to court nor did I receive any legal documents. When I opened my paycheck today there was a levy on it and that’s the first I’ve known of any of this. After some investigation I found that they had previously sued more for about half of what they way I owe now and won yet didn’t notify me and continued to accrue interest on that judgement.

Asked on June 29, 2012 under Bankruptcy Law, Nebraska

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Since you were never served with the summons and complaint (the complaint is the lawsuit attached to the summons), you never had an opportunity to respond by filing an answer to the complaint with the court and serving a copy by mail on the opposing party.  The credit card company falsely claimed that you were served and obtained a default judgment against you and subsequently proceeded with the wage garnishment.

You should file with the court a motion to set aside the default.  Your motion should be based on the argument that you were never served and therefore never had an opportunity to timely file an answer to the complaint.  Your motion should also request that the wage garnishment be halted.  File your motion with an attached proof of service with the court and serve a copy by mail on the opposing party or the opposing party's attorney.  If the court grants your motion to set aside the default, the case will be back on track.


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