What to do about a civil judgment that I was never notified of?

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What to do about a civil judgment that I was never notified of?

According to court documents I just looked up I had a civil judgment awarded against me 6 years ago for just under $8000. I received no summons or any other papers so I was completely unaware of this. I recently inherited some money and placed it in my savings account which last week was garnished, almost $11,000. According to the bank the garnishment is for just under $15,000. Do I have any legal recourse at this point?

Asked on February 15, 2012 under Bankruptcy Law, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I suggest that you pull the court file and read it where there was a judgment against you six years ago. Possibly you were subserved with the summons and complaint or served through publication.

After you have reviewed the file, I suggest that you have a copy of it made and then consult with an attorney that practices debt collection law. Potentially you might be able to have the default judgment set aside if proper service of the summons and complaint was never accomplished. After the passage of six years from the civil judgment it is difficult to have it set aside based upon my experience with such matters. Whether you have any recourse is up to the advice of the attorney that I suggest that you see.


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