[shaboyagan]

I got a letter the other day from an attorney notifying me that they are garnishing my wages. Upon investigating this, there was a judgment against me from 04' on a credit card debt. If I would have been aware of the judgment and the law at that time I believe I could have had the debt dismissed as the statute of limitations had expired. I believe it to be 6 years in Georgia where I live. Anyway, I went to the court and got a copy of the judgment and the paper where they say shows I was served. On this paper at the bottom it is signed by a police officer and in the form where I guess I would have had to sign saying I was served, my name is printed in and it is obviously done by the same officer that signed at the bottom. She even spelled my name wrong when she printed it in. Nowhere on the document is there any other indication that I was served. I can prove that 2 days before they say I was served that I was in Kansas. A long way from Georgia. I just can't prove where I was on that day, but I know I wasn't in Georgia. How can they prove I was served. Does Georgia law say that I would have had to signed that paper when I was served? I would like to file to have the judgment reopened on not being served and then try to have it thrown out as being older than the statute of limitations.

[s_cianci]

File a motion to vacate judgement due to improper service. The creditor will then have to file for a new judgement which you can then contest.

[zcourt6]

A judgment was issued in NY STATE IN 2001 I moved out of NY STATE in 1995 so I was never served. How do I find out
How they supposedly notified me?