Why is my wages being garnished?
4 attorney answers
if the debt collector filed false documents such as an inaccurate affidavit of service of process stating that you were served with a certain location when you did not in fact lived there, you may have a claim in federal court against them Under the Fair Debt Collection Practices Act, a statute under which many attorneys may be able to represent you at no charge.
Go to the courthouse where the judgment was issued to review the Affidavit of Service to see who the creditor claims they served you with the summons and complaint. If you were not served as alleged you can file an Order To Show Cause to vacate the default judgment. If the debt is more than 6 years old you can also move to dismiss the case based on the statute of limitations. Put in stay language to stop the execution and serve it on the Sheriff if the Judge leaves it in.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Contact a consumer attorney in your area. A judgment means that there was a court proceeding and you lost. If you truly never got notice of the court proceeding, your state court rules should state that you have the right to file papers to set aside the judgment. This does not mean you win, you would still have to litigate the court proceeding. Bankruptcy may be your best option, to get a fresh start, but again, contact a consumer attorney in your area and ask for a review of the relevant court proceedings.
I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.
You should obtain an attorney to challenge the garnishment and original debt in court. If the creditor will not respond to you, the best approach is to work through the system. If you want it done correctly, you should use an attorney instead of doing it yourself.