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Question about summons

Date: Fri, 09/18/2009 - 21:05

Submitted by jacarney8657
on Fri, 09/18/2009 - 21:05

Posts: 6 Credits: [Donate]

Total Replies: 5


I am very much wondering - if i have been served a default judgment saying that a CA is going to garnish my wages - who has the original summons or a copy of the summons that I thought I was suppose to get if a CA was trying to sue me.

My county clerks office has no such document, but they sure had a copy the default judgment for wage garnishment that i just received.

I never received a summons to go to court. WHO ISSUES THOSE???

Does the court where I guess I was suppose to go have to have a copy or original copy of the summons if a default judgment was issued in a court. I mean the court has to summon you, right? Or does that mean if i wanted to i could just send a judgement letter to a clerks office somewhere and have then issue it for no reason. I am so confused. It just seems to me proof or the original summons must be somewhere, right? Unless there was never a summons, how does that happen.


You should have a docket number or something...?? You should have been served a summons at some point. They could have sued you in a different county or different state.

Have you ever moved to a new county or state? if so check there. Also what state are you in? What is the garnishment for, who is the debt collector? Any info you can give.


lrhall41

Submitted by on Sat, 09/19/2009 - 07:19

( Posts: | Credits: )


Quote:

Originally Posted by Anonymous
You should have a docket number or something...?? You should have been served a summons at some point. They could have sued you in a different county or different state.

Have you ever moved to a new county or state? if so check there. Also what state are you in? What is the garnishment for, who is the debt collector? Any info you can give.

I live in ny state, genesee county. The income execution has an index number. The garnishment is for 10% of my wages. The debt collector is RUBIN & ROTHMAN. I have lived in the same county all my life, except for a 6 month span years ago.

If i did have a summons in another county obviously i never got it, should i do the vacate process.
thanks


lrhall41

Submitted by jacarney8657 on Sat, 09/19/2009 - 08:07

( Posts: 6 | Credits: )


I talked to lawyer today, from what i gathered he said that the summons may be in my city court then the county takes over when there is an income execution.

I just cant have the garnishment get to my work due to what i do for a living.

I am thinking about this course of action. I will contact the sheriff or marshall, work out how to start paying what the judgement says so that way the execution will not be delivered to my place of employment.

Then i will file the vacate motion. I am wondering if this will work though. If asked y i paid anything i will tell the judge exactly y. I was only doing what was inevitable at the time. The garnishment would have started so to prevent my employer doing it i took the time to pay what i was going to be forced to pay.

I need thoughts on that and on how to do whole vacate process.

Is there a website or someone i can refer to so that way i don't miss anything and do it properly.

thanks


lrhall41

Submitted by on Sun, 09/20/2009 - 18:05

( Posts: | Credits: )


Quote:

Originally Posted by Anonymous
I talked to lawyer today, from what i gathered he said that the summons may be in my city court then the county takes over when there is an income execution.

I just cant have the garnishment get to my work due to what i do for a living.

I am thinking about this course of action. I will contact the sheriff or marshall, work out how to start paying what the judgement says so that way the execution will not be delivered to my place of employment.

Then i will file the vacate motion. I am wondering if this will work though. If asked y i paid anything i will tell the judge exactly y. I was only doing what was inevitable at the time. The garnishment would have started so to prevent my employer doing it i took the time to pay what i was going to be forced to pay.

I need thoughts on that and on how to do whole vacate process.

Is there a website or someone i can refer to so that way i don't miss anything and do it properly.

thanks


I think that once you make any type of payment you are accepting the default judgment and can't file a motion to vacate, but I'm not possitive, something worth checking into first though.


lrhall41

Submitted by Shazzers on Sun, 09/20/2009 - 21:03

( Posts: 17344 | Credits: )