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    brandonMB's Avatar
    brandonMB Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 26, 2008, 03:05 PM
    Garnishment in Georgia
    Ok,

    I am currently in quite a bit of debt, and due to circumstances I can't really pay any of it at this point in my life. Recently - 2 months ago - I was sued and had a judgement made against me without being notified of anything. After speaking with the law office that handled the case, I was told that the Sheriffs department here in Savannah Georgia had on file that they served me about the case - but they didn't.

    I did what research I could on garnishment and found that it couldn't really be stopped if the dept was valid.. so I said screw it and am just letting them do their thing so to speak.

    Now, I have received a letter from another dept collector saying a suit is being prepared against me. Much to my surprised I have read that they can also garnish my wages while they are already being garnished. I am barely scrapping by with the currently garnishment, and another would put me on the street - literally.

    My question is regarding something I found about 'Vacating A Default Judgment' what little I could find about it kind of makes me think that I could file papers and maybe stop garnishment for some reason... but I can't find any clear answer, and most of what I've found has been in 'lawyer talk' and I just don't understand it. Can anyone help me understand 'vacating a judgement' and determine if this is a road I can take.

    Thanks in advance for any help
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #2

    Jun 26, 2008, 03:12 PM
    Go to the courthouse and ask to see what there is for proof of service of the original notice of the suit that the judgment was rendered in.

    If they have it, you can't stop them from collecting the judgment.

    If they don't have it, you can file a motion to dismiss the judgment based on the fact that you were not properly served the original notice of the suit.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 26, 2008, 03:35 PM
    There is only a maximum you can have taken out of your check, soif you already have the max they can not get any more than the max allowed. But the other garnishment will merely start when the other is paid

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