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    irishfox729's Avatar
    irishfox729 Posts: 1, Reputation: 1
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    #1

    Oct 25, 2011, 01:01 PM
    Judgement with the wrong name?
    A creditor filed a judgement against my husband and spelled his last name incorrectly we knew nothing of this until his employer received a wage garnishment notice. HELP! How can they do this?
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #2

    Oct 25, 2011, 01:54 PM
    Is the judgment actually for a debt he owes, or do they have the wrong person?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 25, 2011, 02:41 PM
    If all other details were correct, and it was a minor spelling issue, not Jones if it was to be Smith, but if it was Junes and should have been Jones, then minor errors are normally accepted.

    Did they get served notice of the law suit that got the judgement ? If not, that is your main issue, improper service if no one was informed about the court action.

    Once they have a judgement, they do not have to notify you about a garnishment normally ( a few states require notification of garnishment but normally there is no enforcement)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Oct 25, 2011, 04:16 PM
    A creditor doesn't "file a judgment", they file a suit and a court awards a judgment.

    If you were never informed about this suit then you may be able to get it vacated because of improper service. However, if this is a valid debt, that will only be a delaying action. They will properly serve you before you leave the courthouse.
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