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dc714 · Jul 7, 2011, 05:56 PM

Hello, wow I just read that last conversation. I would like to ask about my garnishment, hopefully it will be smoother than the last one. Two days ago I found my checking and CD account frozen due to garnishment from a credit card debt. I did extensive research. I was told by the collection/credit card co. (Asset Acceptance) that they issued a judgemnent in March of '08, they say that it was given to someone in my apt. who would not give their name. I know for a fact that I did not accept anything from anyone and that there was no one else in my residence (I keep my daytimers, schedules, etc for at least 5 yrs. I'm in sales). I am planning to go to file for a hearing. Although, I do not qualify for any of the exemptions listed this has put under extreme hardship ~ I cannot pay rent, utilities, buy groceries, gas... live! I am completely wiped out with no other credit. This can also jeopordize my job, as I have to spend money to work. Note on bank accounts, one was my everyday personal checking for bills, expenses, etc. The other was a CD that was in mine and my sister's name and although I did originally deposit the money into it a majority of it was used to help her through making ends meet... she has cancer and what was left was there for that purpose in the most part. Do I have any chance of fighting this? I am questioning the issuance of the judgement and the extreme hardship. And, of course, if you know of anything else that can help... PLEASE. I have surely made mistakes along the way and am willing to work with Assets Acceptance but this is going to ruin my life. Many thanks..

ScottGem · Jul 7, 2011, 06:04 PM

First, they cannot "issue a judgment". They may have filed suit against and been awarded a default judgment when you did not answer the summons.

So what you can try is to file a motion to vacate the judgment on the grounds of improper service. They will have to prove that you were served properly. But this is just a delaying tactic. If you get the judgment vacated they will properly serve you before you leave the courthouse. So if the debt is valid they will, eventually, win a judgment against you.

But in the interim, you can move your assets and try to work out a settlement with them.

dc714 · Jul 7, 2011, 06:21 PM

Thank you, Scott. But perhaps I wasn't totally clear and again I am just learning so I may not be using all the correct terminology. There was/is a judgement on record, recorded in June of '08. AA said I was served at my residence, as I stated it was not given to me and there was no one else in my apt. at that time. I forgot to say that in the converstion with AA they said that they gave to someone at my residence who would not give their name. I did look up on public search and found the judgement. My bank accounts have already been frozen so I can't move any assets. I cannot live without any money, I have no credit. Right now I have less than $50.00 to my name. My rent check is going to bounce and everything else I already mentioned. I need something back to live on. Thanks

ScottGem · Jul 7, 2011, 06:25 PM

So tomorrow morning you file a motion to vacate. It will still be some days before you can get a hearing get the order vacated, get the info to your bank to release the funds.

I wasn't saying to move the assets now, I meant, if and when you get the judgment vacated, if you can.

If you have outstanding checks you need to inform your creditors immediately.

P.S. when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

Fr_Chuck · Jul 7, 2011, 07:53 PM

And of course the court may not vacate, if they used a professional process company that has a good record with the court, normally the process server gives a description of the person they served. Also many if not most people will not tell you who they are when you are giving them legal service, in fact most deny they are the person served. ** at least from when I did service work.

Just because you challenge the service does not mean the court will over turn anything

Plus the court could care less if there is a hardship, they rule if there is a valid debt, nothing more or less. If it makes you homeless, they don't care, that is not even looked at