I have perfect credit. I never lived at address they have on file. Wage garnished. Employers were all emailed. Public humilation. They did not want to guve me paper work.
Wages can't be garnished until they have brought a lawsuit and obtained a judgment. If you never got notice of the lawsuit, you should be able to ask the court to vacate the judgment and refund the garnished wages. To do so, you need to file a motion to vacate judgment, supported by a notarized affidavit that establishes that you didn't get notice of the lawsuit. If the lawsuit was filed more than a year ago, it should be dismissed if they failed to properly serve you. It may be that the creditor's failure to properly serve you is unfair and deceptive. You should consider contacting an experienced consumer lawyer for advice about your rights.
Moving over to the area of Consumer Protection so attorneys there may comment as well.
The garnishment documents will have the case information.
The exchange between us through this Avvo website does not establish an attorney client relationship. Any attorney client relationship will exist only when and if we enter into a written contract for legal services. As such, the above response to your hypothetical is not meant to be nor should it be be relied upon as any type of legal advice because the information provided is incomplete; the response provided to your hypothetical is for general information purposes only. Further, any specific response to a presented legal issue would require knowledge of the specific facts and circumstances obtained thorough personal and confidential consultation between you and a licensed attorney in your jurisdiction. I am licensed to practice law in Ohio.
I agree with below and you may also have claims under the Fair Debt Collection Practices Act and Ohio law as there are time limits to collect on debts and it sounds like they filed the lawsuit in the wrong location. Debt buyers often file these claims or take these actions to prey on people who don't know their rights. I handle case like these. Please get legal counsel asap.
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