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ANNIEWAY

Surprise Judgment Revisited

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I recently received notification of wage garnishment. This is due to a judgment rendered earlier this month. An attempt was made to contact me by mail, but the letter sent certified was delivered to an old address.

Do I file a motion to vacate this judgment based on the fact the letter was sent to an incorrect address? If so...What about proving residence?

Additionally; the debt is from Georgia, and according to my research, SOL of 4-7 years should trump.

Any thoughts on how to proceed would be greatly appreciated.

Thanks

Edited by ANNIEWAY
too long

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You are going to have to provide more information... There was a judgment entered against you earlier this month? Did you ever get a summons or is this complete surprise?

Yes, if you want to claim you live at a different address you have to provide proof of your current residence. Your drivers license or state identification will do, even utility bills will do.

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No, I did not receive a summons. Yes, this was a complete surprise. And The judgment was entered on the 10th of last month. What other specific information would be helpful?

Thanks for the info...

Edited by ANNIEWAY

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Go to the courthouse and look at the case file... you are going to want to start with how the lawsuit was served...then research that method against state law.

If you were not properly served, then you can file a motion to vacate based on improper service.

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Ok. I have been to the courthouse and reviewed the documents from the judgment against me.

This judgment is from 2002, and last month the wage garnishment was sent to my employer.

The name of the person who was served with papers back in 2002 is not me. If I remember correctly the person who signed for them was my neighbor. She signed her first name and my last name.

Am I correct in filing a motion to have the judgment vacated because I was not properly served. And additionally filing a traverse to have the wage garnishment stopped?

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Make sure you properly format the motion and tell them the truth! The name on the summons isn't yours and you were never properly served. The judgment is from 2002 is nine years old! How long do judgments last in your state and can they be renewed? In each state you can also have any wage garnishments frozen to the extent that you fill out exemption to garnishment and levy forms OR run a motion and go before the judge with complete itemization of your monthly finances. Most of us cannot afford a garnishment or a levy in this economy but these attorneys don't care so advocate for yourself and good luck! This should not be too difficult since the signature doesn't match up, if I understood correctly.

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If you were never properly served or notified of the suit, you have great cause for vacating. You need to contact the court in which this was heard, and get copies of the entire case/all filings.

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