[HunnyB]

I received a summons of continuing Garnishment from a law office in marietta. I live in Augusta, Ga. The papers claim a judgement was issued against me in the amount of $2,051 (in a Richmond County Court) owed to Capital One for a credit card. I was never issued a summons to appear in court to present my side of this mess. I had a card with Capital One with a 500$ credit limit. After making one purchase and going over the limit (about $20) they tacked on fees and interest. I gave up trying to reason with them by phone and they continued to add fees and interest. My question is how can I fight this or is it toolate. The Summons is not signed by any judge or even dated. There is no signature from anyone at this 'law firm.' I work in a different county and the Summons (at the top) lists the county where I work but the space for Civil Action File number is also blank.

Also on back of this summons it states tha the defendant (me) can file a traverse or bond to dissolve the garnishment. What is that? Any help is appreciated. What a mess.

[Fr_Chuck]

You need to check with the court to see if there is a garnishment or if this is the law firm getting readly to file one. If there is a hearing date please be there and present your side of the case.

You can fight a garnishment by showing you don't owe the money.

[HunnyB]

Thank you for your quick response.

[Fr_Chuck]

And of course there are many "legal" moves, to be sure they are within the SOL laws (statue of limitation) make sure it is filed in the correct court, and you can object to the amount also and make them prove in court the amount.

[mr.yet]

If you were never served any papers to appear before the court, than anything from the court or creditor is lacking. You have the right to defend yourself when charged.

File Motion to Quash the garnishment, for lack of jurisdiction, both personal and subject matter. Improper service or lack thereof also.

Make them prove their claim against you by provide the original contract, not a copy the original, they must have it to prove their claim.

Never speak to them on the phone, make them put it in writing.

[John17cd]

How doid that turn out for you??

[fightit]

Hey, I received a lien on my house for a Capital One debt. I was not served either that there was even a court date. Capital One hires dirty rotten attorneys to do very dirty illegal work. The attorneys, Frederick J. Hanna and associates, from Marietta were the culprits. They claimed they serve a black woman at my address who weighs 160 lbs. Honey, I'm white and weight 115 lbs. These people are criminal. My attorney filed a Motion to Set Aside based on Fraud. We won. So don't sit back. It wasn't hard.