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How long do I have to file a Motion to Vacate Judgement?
I received a notice from my employer that they would be garnishing my wages because a creditor (collector) obtained a judgement against me even though I was never served and I never had a chance to respond to their summons. Can I file a motion to vacate and how long do I have since I also was never served or received a copy of the writ of garnishment so I wasn't able to respond to that. It's funny how they found my employer but not me. I only found out because my employer sent me copies. How do I even know it's my debit and if it is if the statue of limitation might have already expired. Please help if you have sound advice.
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The Writ of Garnishment shows a court stamped date of 8/9 but I don't have a copy of the default judgement. I was never served with a copy of that. However, the writ of garnishment wasn't received by my employer until 8/26 and they had to go through their process time and I just received the paperwork from my employer this week. So who knows the date the judgement was awarded. Do I have any grounds to still file since I was never served and I never signed anything?
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First you would NOT be notified of the writ of garnishment. But if you just received notice from your employer file the motion to vacate immediately.
The time you have to file would go from when you found out about the judgment not the date it was awarded. The while idea of a motion to vacate for improper services is because you didn't know about the judgment. |
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