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Garnished without being served

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Latest post Tue, Dec 13 2016 2:43 PM by Needhelplease. 13 replies.
  • Sun, Dec 11 2016 10:51 PM

    Garnished without being served

    6 years ago credit card company called and said I was late on payments. I told them card was stolen. Also they couldn't show me anything that was actually purchased with the card, just 3 months of interest. 
    Never herd anything about it again till 3 weeks ago my check was being garnished. Court order was 6 hours away from where I live. The court date was 2 years ago in my parish, debt collector vs my name. But I was never served. Sheriff's office said nobody signed for it and they dropped it off outside my house. But my driver license said I lived at another location. Now I'm trying to stop garnishment for 8k or I'll have to pull my kids out of private school. I called there law firm and they basically told me they have a judgement why am I bothering them. Don't have much money for a lawyer or even if I have a case since they one by default. 

  • Mon, Dec 12 2016 7:50 AM In reply to

    Re: Garnished without being served

    Needhelplease:
    I called there law firm and they basically told me they have a judgement why am I bothering them. Don't have much money for a lawyer or even if I have a case since they one by default.

    There are legal remedies for improperly obtained default judgments.  See this article for one.

    If you are going to fight this, I think you have no workable choice but to hire a lawyer.  At least get a consultation, to start.  Bring all your evidence of what happened, and maybe try to do a bit more research (the court was supposed to send you notice that a judgment was entered against you back when that happened, and keep records of what they did to meet that legal requirement, so you can ask either to see those records or for them to tell you where they sent it) so you have more information for the lawyer to work with - but the most important thing is to make an appointment ASAP.

    I think dropping notices off outside your house was not proper service under Louisiana law - they should have left it with a person "of suitable age and discretion" living at that address.  See this.

    But long story short, I think your only two real choices are to let this happen or hire a lawyer to fight it.

  • Mon, Dec 12 2016 8:46 AM In reply to

    Re: Garnished without being served

    Needhelplease:
    6 years ago credit card company called and said I was late on payments. I told them card was stolen.

    This is a lesson for the future, but you should always report a lost or stolen credit card immediately.  Apologies if you did (your post makes it sound like you didn't).  And then make sure there is some sort of evidence that you did so (usually they send you a new card with a new number, and that should be sufficient to show that they understood your card was lost or stolen).  I keep that evidence in my files for a while, just in case (if it's not dated I hand-write the date I received it on it), but that's probably not necessary unless the credit card issuer has been untrustworthy in the past or has a bad reputation.

    Oh, and here's another helpful link on Louisiana debt collection law in general.  If they waited longer than 3 years from your last payment or the date of your first missed payment before filing the lawsuit, it was too late to file (later than the 3-year statute of limitation) - but you needed to make that point in your response to the lawsuit back then.

  • Mon, Dec 12 2016 9:16 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Garnished without being served

    CHeck the actual proof of service on file at court for errors....somebody needs to have siigned for it! 



  • Mon, Dec 12 2016 12:02 PM In reply to

    Re: Garnished without being served

    The only lawyer I ever had was in 2012, for my divorce.  He was the judge for my debt case. And i don't know when the last time I paid on that card or bought anything because the only thing they send me after a month arguing with them on the phone was 3 months of interest

     

  • Mon, Dec 12 2016 12:24 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Garnished without being served

    CHecking the courthouse records does not take an attorney...and if process server did not get a valid signature that may be a major clue as to your odds to get this one set aside .

    Some servers or creditors cut some major corners to claim you were served ...but no service can be a killler in your favor. Do some actual homework .

     

    For a service  fee you might be able to get a copy of the entire court file ...but that may be a commercial service  may be cheaper than driving .....



  • Mon, Dec 12 2016 1:34 PM In reply to

    Re: Garnished without being served

    I need to go get a copy of it. I already talked to them on the phone.  She said it delivered ocylt. 2014. I asked if anyone signed for it.  She said no. It only days it was left outside your address

  • Mon, Dec 12 2016 3:20 PM In reply to

    Re: Garnished without being served

    Needhelplease:
    The only lawyer I ever had was in 2012, for my divorce.

    OK...why is this important?  Have you successfully fought dozens of lawsuits before without the help of any lawyers?

    Needhelplease:
    And i don't know when the last time I paid on that card or bought anything

    Sounds like you don't yet know the date on which the lawsuit was filed, either.  Ultimately, none of these details on their own can really help you, they can only suggest to you that there might be hope.  Now that you have this default judgment against you, it will take a lawyer (or a lot of very determined legal self-education) to sort out what you can still do about this.

    Do you have a deadline to challenge the garnishment?  I strongly recommend getting the advice of at least one litigator (lawyer who specializes in going to court, as opposed to writing business contracts or helping people write their wills etc.) as soon as you can.

    A consultation won't break the bank.  IMHO, really dumb not to at least do that.

     

  • Mon, Dec 12 2016 8:25 PM In reply to

    Re: Garnished without being served

    I'm just saying that I don't think i can use the lawyer I've used before. I'll have look for a different lawyer and I'm not sure how much that would cost. Being that 25% of my check is being garnished I'm have to decide to pay for my 3 kids tuition or my mortgage.  

  • Tue, Dec 13 2016 7:15 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Garnished without being served

    You really need a hard copy (S) of that file especially that supposed proof of service .for you to access with attorney of your choice your odds and costs to,squash an improper judgement /garnishment if that is what it was . .....



  • Tue, Dec 13 2016 12:51 PM In reply to

    Re: Garnished without being served

    Thanks for everyone's help. 

    Before I borrow the money from a lawyer from a family member.  What are the odds of me not wasting my money? Assuming they didn't serve me properly(going off what sheriff's office on the phone told me) and they can not provide any paperwork on anything that was purchased(yesterday I called the original credit card company and the only thing they have on record is that it was sold off a few years ago).  Looking at some old credit score papers my debt went from 0$ to over 5000$ during August 2011.  But when I found out in 2012 the original credit card company couldn't show anything that was purchased. 

  • Tue, Dec 13 2016 1:49 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Garnished without being served

    IF the solid papers on file support that proper service was never made ...and you get copies of same  ( ( downsteam you might need " official " copies of that record ...extra fee,for,same likely )!

    NOT the oral comments of what sheriffs office told you, you have the key element to prevail ....whether you do a crash homework or pay a pro is up to you..better odds with a pro 



  • Tue, Dec 13 2016 2:20 PM In reply to

    Re: Garnished without being served

    Just left the court house.  The petition that was served has the date. Drop written where it says house of domicile at. And the marshal signature.  That's everything that was not types.  

    There's the judgement 

    Affidavit of non-military

    And default judgement confirmation. That only has there lawyers signature, and has x's on all off b) 

  • Tue, Dec 13 2016 2:43 PM In reply to

    Re: Garnished without being served

    I'm definitely going find a lawyer. Evrythjnt I've gotten from this case looks improper. Even the judgement is blank where at the top,where it says fiked and deputy clerk. The date says Oct.30 and the stamp says 29.  I can't find anything on the internet about it.  It shows my divorce but nothing else.  It says judicial demand on July 9. 

    Dorsnt have a date on default judgement confirmation, but where it says type of service it has Sept.14. Date of entry: n/a

    Affidative has Oct 21 notary republic was there lawyer himself. Not sure if that matters. 

    And while all this was going on my driver license had a different address which was where I lived at 2 hours away.

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