Judgment nightmare

Were you properly served?? Did you go to court?

No, I haven't gone to court. That's why the judgment was put on me because they say they served me with a summons, which I never got and I failed to appear.

Did you ever receive a summons for this? If you didn't and you just found out about this now, I would go to the court house and see if you can appeal it. Then again you would have to show that the SOL had expired before the case was filed.

I never received a summons for this. I just found out when I had my credit pulled, the judgment has been on my report for a year now and I didn't know it. How do I get information about the expiration of the SOL?

In the process of trying to get more info, can they have my garnishments waged or will I have to go to court in order for them to do that?

with a judgement they can garnish your wages.....dont think they have to take you back to court for that.

So there's no way to have the judgment set aside because of bad service of summons and expiration of SOL if I have the proof?

I failed to mention that in addition to the letter they sent me about the monthly payments, I also got a financial discloser form. Do I have to send this in eventhough they didn't send me a detailed payment agreement?

First thing you need to do is contact the court where the judgment was made...if this court happens to not be in your county, then not only can you get it vacated for improper service, but for wrong jurisdiction as well...they -have- to sue you in the county where you reside.

So contact the court and get that judgment removed, then send a debt validation letter to the company demanding proof.

In the process of me trying to get all the proof needed, can they garnish my wages?

I think the only way they can garnish your wages after they have a judgment against you is to take you to court again for a payment hearing. You fill out a form saying what you have for income and assets. Then usually a magistrate will ask you and the attorney hhow you will pay. If you have an agreement they mark it down. Otherwise they can get approval from the court and send a letter to your employer or bank to garnish your wages.

Thanks, I hope you're right because I heard in the state of Minnesota they can garnish it without a court order after receiving a judgment against you. That's just hear say so I really need to contact a lawyer to find out.

Well yes once they get a judgment it is up to the plaintiff to enforce it. the court does not enforce the judgment. I am pretty sure they need an execution order to garnish your wages though I could be wrong.

How do I get proof of the actual contract I made with the credit card company when the debt is old?

You should be more concerned with proving your DOLA and that the SOL has expired.

What's a DOLA?

Date Of Last Activity or the last payment you made.

Ok thanks

I live in Minnesota. Just today I received a copy of a notice to garnish. The original went to my former employer - - nothing to garnish. But - the judgment is 2 yrs old and they did NOT go back to court to garnish. FYI - they do not have to go back to court to levy a bank account either.

Have you contacted the court yet and seen about getting that judgment overturned? This is something you need to do ASAP before they figure out where you work now.