IJsbrandtGA
Apr 1, 2009, 07:07 AM
I received several lawyer solicitations in my mail. Apparently there has been a garnishment filed against me In the local County State Court here in Georgia. I was unaware that there was an action against me. Does this violate fair debt collection? Thank you for any help.
ScottGem
Apr 1, 2009, 07:13 AM
If a garnishment has been entered for you, that means a judgement was obtained. If you have no knowledge that such a judgement was obtained ror that you were sued, then you can submit a Motion to Vacate for improper service.
Having said that, I'm a little confused by the way you posed your question. What do you mean by lawyer solicitations? And generally you are not informed about a garnishment until after its served on your employer or the holder of your assets.
What you need to do is find out who applied for the garnishment and then find out what court issued it based on what case. You can then use that info to file your motion to vacate with the court that issued the judgement,
A hearing will be held where you can argue that service was not made. If the judge rules in your favor, you will probably be served properly before you leave the courthouse. But at least that gives you a chance to answer the suit.