[nicklb]

We recently had our checking account garnished, we were never served with papers. We called the attorney's office that filed the lien to try and come to some sort of settlement which they were not willing to do. I requested a copy of the page from the notice that was allegedly signed by my wife when we were supposedly served. Upon receiving that page it was noticed that the signature is neither my wife's nor mine,which to me is a blatant forgery, what recourse would I have against this creditor?

[ScottGem]

You can have the judgment vacated for improper service. You have no recourse against the creditor unless you can prove they knew that the process server forged the signature.

Vacating the judgment will give you a chance at a hearing where they have to prove the debt.

[excon]

Hello n:

You don't SIGN for service. It's HANDED to you. If you had to SIGN for it, NOBODY would. They guy who served you signs it. That's probably why you don't recognize the signature.

excon