Regretfully, if your wife has allowed it to go to judgment, it means it will be more expensive to set aside the budgement than to file for bankruptcy.
If your wife beleives that fraud was involved and she did not receive the original court papers, then she may be able to motion the court to set aside the judgment. However, that takes some time and the outcome is not guaranteed, depending on all of your facts.
The only sure fired way to stop them from garnishing her check is to file a chapter 7 or chapter 13 bankruptcy.
If you want to dispute the judgment your wife will need to either file a motion to set aside or to vacate the judgment. This type of motion is fairly complex and there are specific rules that govern the grounds and time frames to filing the motion.
Alternatively, depending on your overall financial situation a bankruptcy is also an option you may wish consider to eliminate the judgment along with your other debt.
Many attorneys provide free bankruptcy consultations but you should expect a fee to consult with an attorney regarding representing you in or reviewing defense of the litigation.
William Fife is an Attorney with Fife & Cesta, a compassionate firm conveniently located off the US 60 in Mesa, Arizona. The answers given here are based on the information in the question; for a complete answer you should have a consultation with an attorney you trust. Call now for a free bankruptcy consultation. We carefully evaluate your situation and give you real advice.
It will be very hard for you to set aside or vacate the judgment, but it is possible and will take a lot of research on your point, assuming that you are still within the time frame to file the motions and that your facts fit the proper criteria to set aside.
Bankruptcy may be a legitimate option for you depending on your current finances, the amount of assets that you have and the amount of debt that you have incurred, including the debt from the judgment. You should consult an attorney to discuss your options regarding the judgment and whether it would be prudent to file for bankruptcy to alleviate the debt.
Parker Evan Bornmann, Esq
The Bornmann Law Group, PLLC
1731 W. Baseline Road Suite 100
Mesa, Arizona 85202
Contact me directly at 480-833-8000 for a free (1 Hour) consultation. I have law offices conveniently located in Mesa, Glendale, and Tucson, Arizona. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information. http://www.bankruptcy-az.com