Georgia Recievables

Date: Thu, 09/08/2011 - 18:03

Submitted by morgan.chris86
on Thu, 09/08/2011 - 18:03

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Total Replies: 2

recieved a garnishment on my wages by way of GA recievables aka Fredrick Hanna assc.. never recived a letter or any phone calls, never recieved a summons. found the case ruling was in Gwinnett county, Ga and I live in Dekalb county, Ga on a Chase CC. I tried to contact GA recievable no luck very nasty on the phone with no info, how can i fight this with no notice of summons and a judgement already ruled against me also service was issued but not to my wife or I not sure how they serviced. They have already garnished close the $2500 in a couple of months at my wits end this a lot lot of money to be losing total amount to collect is over $16000. Any help or advise were to start would be appreciated.

You need to motion the court where the judgment was obtained to

You need to motion the court where the judgment was obtained to have the judgment set aside due to improper venue and lack of service. Talk to the clerk of the court.

lrhall41

Submitted by SOAPLADY on Thu, 09/08/2011 - 20:30

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I agree. Lack of proper legal service is usually a sure winner u

I agree. Lack of proper legal service is usually a sure winner upon motion to the court to have the judgment set aside. They are required, as a preliminary submission to the court at time of trial, to certify that proper service has been made upon the defendant. I would go the clerk of the court where the judgment was ordered, and review the file for their showing of proper service. Maybe they just did it by publication? Is that acceptable in your jurisdiction?

Garnishment requires either authority for such action within the judgment itself, or asking the court at a later time for a writ of execution of the judgment. Both of which you should have been served notice of the proceedings. So, while reviewing your court records, also keep a lookout for their legal authority to act in any specific way to recover the debt by way of authority of the court.

lrhall41

Submitted by Lian on Sat, 09/10/2011 - 20:54

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