I never received a court summons for a loan I got in July of 2015 for $250 and being garnished for $1560. I've made 4 payments back then.The creditor told me they served me at my old address, I was no longer living there. They won the case now I'm being garnished. I filed a motion to set aside couple weeks ago. I have a court coming up next month. Are they going to continue garnishing?
Depending on your overall financial situation, Bankruptcy may be right for you. An experienced UT Bankruptcy attorney will be able to determine which type of Bankruptcy, if any is the correct one for you. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney
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The garnishment will likely continue until you have attended the Court hearing and convince the Judge to set aside the judgment that has been entered against you. The other factor you want to always consider is whether you actually owe the debt. Unless you have a valid defense of some sort that you do not owe the debt, it doesn't do much good to argue about improper procedure. Now may be the time to negotiate a favorable resolution if you actually owe the debt: no Attorney wants to go into a Courtroom and attempt to explain to the Judge that they did not do their homework and just pushed a judgment through the system knowing they did not have proper service on the Defendant. That fact may be worth a substantial reduction in the amount they would be willing to accept to settle the claim. Best of Luck.
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If you lost the argument about not being served, then you will lose your motion to set aside and the garnishment will not stop, but it is unclear what you mean by "They won the case now I'm being garnished."
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