What can I do if I believe I was served invalidly?
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What can I do if I believe I was served invalidly?
I just started getting garnished from a credit card debt I had 6 years ago. The lawyer told me that the judgment was ordered 5 years ago and that I was summons at an old address. Suppossedly, a person at that address indicated they knew me, that address was my mom’s property and she sold it priot to that time so there is no way that the people living there knew me. Additionally, I recently checked my credit and I did not see a judgment from that law firm; I don’t remember having an outstanding balance with the credit card. Due to the fct that it was so long ago I cannot locate any proof that debt is paid.
Asked on June 6, 2012 under Bankruptcy Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You need to have an investigation launched with the credit card company. In the interim, as well, you need to file a petition in court to show that you were never served (use the sale of the home date, etc to prove your point). You may at least be able to get a temporary injunction from garnishment until this matter is resolved. If you were not served properly and the debt doesn't show on your credit report, talk to your employer to see if it would or could refuse garnishment until the matter is resolved. If the credit card company cannot locate the information, and it so tells you by letter, inform the court and petition to have the garnishment dismissed.
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