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Midlands, never recieved summons, garnishment already started (Indiana)


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I'll give you the background, but try to make it short as well.

Friday I got paid and noticed my check was light. Contacted payroll and was told there was a garnishment order.

I was surprised by this, because I wan't aware I had even been sued. I went to the clerks office and picked up all paperwork they had on it.

According to paperwork from the county clerks office, I was sued in 2008 by an attorney representing Midland Credit Mgmt. The summons states that it was delivered to my brother (Doesn't have a name, only says "my name" brother) at my address, which is strange because my brothers live in CA and haven't been in IN for years.

It looks like the garnishment proceedings paperwork has an address that I don't live at on it (Which is strange cause I'm in the phone book, not hiding).

Is there something I can do to stop the garnishement and get a new hearing?

I read that I can file a motion to vacate, but I was also curious if I can ask for the garnishment to stop in the same form or is that another motion?

Can I file a DV? If so, do I inform the court or just send one to the plaintiff?

Never been through this before and pretty overwhelmed.

Thank you for your help

Edited by nate73
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Thank you for your reply. I typed it up yesterday but wanted verification before I mailed it. I'll get in the mail tomorrow. Thanks!!!

Also, I need to mail one to the court and one to the plaintiff, but will the court rule on it immediatley or wait until the plaintiff objects?

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