About 2 weeks ago, I received a letter from my employer that my wages were going to be garnished to pay a creditor.The letter included a copy of the judgment dated ths past February. I wasn't aware of any legal action and would have done the necessary paperwork or would have appeared if I had known.
Wouldn't there have been a summons or some way that I would have been notified about legal action?
You now have the case number of the court case. You should go to the courthouse and review the court's file. Get copies of relevant documents, especially including a copy of the Proof of Service. Note the date, time and place of the purported personal service. Get some documents which show that you were not at the place where service of Summons and Complaint was allegedly effected on the date, and at the time, alleged.
Next, go to an attorney who handle this type of case. The attorney can prepare a motion to set aside the default judgment that was entered against you.
You might have defenses. You might be able to recover attorney's fees from the creditor.
First, most states provide for alternative versions of service if they were unable to find you, this can include service by publication.
Second, even if you are able to find an attorney to overturn this judgment you will want to consider whether you have a defense to owing the debt. If you actually do owe this debt overturning the judgment is not going to do much beyond delay the inevitable.
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