I just received a certified letter from Avantis Financial notifying my employer that they have
obtained a Garnishee summons (continuing lien)
from small claims court. THey already put a judgement against me. THey filed it on 10/24/09
$390.00 plus court fees. I had made a agreement
with them to pay but unforseen circumstances
came up and I was unable to pay. I sent them C&D
letters but they ignore them. I had several payday
loans in which were illegal and pay them above the
loans in fees. But this one did not. I just sent
them $100.00 in a money order by Fed ex. Please
help me. Can they do this? I told them it is illegal
in New Jersey for payday loans but they could care
less. Someone told me to file a motion to vacate.
That means I have to go to SD?? Please someone
guide me. Thanks
Posts: 3617
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You said they have obtained a judgment against you. Was it a default judgment?
What happened at the court? Have you not pleaded your case before the judge that they are illegal lenders?
Posts: 9
Credits: 2600.15 Send message to dm114
no I did not go to court I live in New Jersey they are in Sioux Falls S.Dakota.
Posts: 3617
Credits: 36298.4 Send message to SC
Okay, let me get it, you didn't appear before the court since you were served at a different county.
Have you not filed a request to postpone the hearing when you couldn't attend it?
You may need to speak to an attorney about your chances. But if you have ignored their summons and let them obtain a default judgment, then I think your chances are slim to get it vacated.
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