Weeks ago our accounting office presented me with a notice of garnishment, since I had no knowledge of being sued this came as a shock. While researching this I learned it is for a collection company that supposedly sued me in 2004 over a credit card from the late 90s. The default judgement appears to have been entered in 2005. Since then I have bought a car, applied for a home loan and regularly pulled my credit report and never once have I seen anything related to this. My address has always been a matter of public record and during 2004 and 2005 I worked only a few blocks from the courthouse and was well known in the local community, serving me should have been no problem. I do not feel this is a valid debt and I never received my day in court, what is my best course of action?
You don't really have one. You can certainly check the court's file for this matter and see how they showed the court proof of service. But, since so much time has lapsed, the only real way you could possibly challenge this is to have the file reopened and petition the court to vacate the judgment based upon actual fraud in obtianing the judgment that was known at the time to the plaintiff.
The real issue is this - are you saying that you NEVER had an account with this plaintiff? Or, are you saying that you did but that they should have easily been able to find you? The plaintiff isn't obligated to track you down for collecting on things like CC debt - mailing the small claims (which it probably was) petition to your last known address is usually good enough. It's a very high burden of proof to get the judgment vacated, and you probably won't be able to meet it.
We can be reached at 507.334.0155. Our web address is: www. corbin-law-office.com This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be considered only a general response to a hypothetical scenario posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction.
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