i was sued for a payday loan that was given 6 years ago. i was sued by the lender(60 days before the statute of limitations were up). A default judgement was issued against me for failure to appear. I was able to get the default judgement vacated and a new trial date was set. How do i go about getting the wage garnishments stopped and my funds returned since there is no longer a judgement against me?
Mr. Bain's answer is correct. A garnishment based on a vacated judgment is void.
A judgment based on another judgment that's been vacated or set aside or reversed on appeal must be vacated, and restitution made.
Click on "Find a Lawyer" and retain a lawyer that has experience dealing with PayDay loan people and garnishments.
I note that PayDay loan people have really fallen into disfavor. The statutes that govern these lenders are pretty strict and there are generally a lot of constraints put on the lending practices they employ and employed. You may have significant defenses. That is why you need to confer with a lawyer on this.
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If it was vacated and they try to garnish you really need to talk to a lawyer. They may owe you.
I agree with the other responses here. The vacated judgment is void, and there should be no garnishing going on. I suggest speaking to a local attorney immediately about your recourse should your wages be levied.
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