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    lake1069's Avatar
    lake1069 Posts: 2, Reputation: 1
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    #1

    Dec 30, 2008, 10:22 AM
    Judgment filled against me and not served
    I live in NC and had a judgment issued for a motorcycle loan, I was not served and I believe a default judgment has been filled against me. Has my tax refund be garnished? Thanks!
    lake1069's Avatar
    lake1069 Posts: 2, Reputation: 1
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    #2

    Dec 30, 2008, 10:24 AM

    I live in NC and had a judgment issued for a motorcycle loan, I was not served and I believe a default judgment has been filled against me. CAN my tax refund be garnished? Thanks!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 30, 2008, 11:11 AM

    Well I don't know about your tax refund, that depends if they requested a attachment for it or not, That will be a separate thing they would do after they get the judgement.

    If you truly were not served, you check with the court and see what form of service they have listed, it will state how they say you were served. Then you will fine a motion to overturn the judgement on grounds of invalid service ( improper)

    They will have to go back and serve you and have a new hearing for a judgement.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Dec 30, 2008, 01:59 PM
    Quote Originally Posted by lake1069 View Post
    I live in NC and had a judgment issued for a motorcycle loan, I was not served and I believe a default judgment has been filled against me. CAN my tax refund be garnished? thanks!
    Depends on the law in your state. In WI, if a plaintiff is unable to have papers served on the defendant, they may take out an ad in the newspaper stating that they are suing the defendant; the publication is considered service of the defendant.

    Also, a tax refund isn't garnishable in WI. However, a plaintiff is allowed to "freeze" any bank account that the refund is deposited into.
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