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Can a judgment be revived if lawyer submitted false documents to court?

Date: Fri, 12/10/2010 - 07:18

Submitted by anonymous
on Fri, 12/10/2010 - 07:18

Posts: 202330 Credits: [Donate]

Total Replies: 2


A creditor purchased a repossession loan I had 10 yrs ago. Chrysler charged it off 5yrs ago. The collection agency NEVER served me court papers to appear & one of the documents they submitted has false information on it. EXAMPLE: a sworn affidavit saying they left court documents with my sister that lives with me. I don't have a sister that lives with me & my building is secured. I got the case continued to file a motion against them for that but my job has already started garnishing my paycheck. Can lawyers do that & get a way with it? Can I get my money back if I win the continued court appearance?:confused: Can my employers get in trouble for not waiting for a court order?


Wow. The attorney can be disbarred for submitting false documents. Did they already obtain a judment against you because you didn't appear in court? If so, I'm assuming your employer received a court order. Did your employer notify you of the garnishment? Have you filed for a reversal based on improper service?


lrhall41

Submitted by OhioGal1 on Fri, 12/10/2010 - 08:22

( Posts: 5253 | Credits: )


hang on a second, youre in the middle of being sued right now, and they have already garnished your wages??

WOW, something is very wrong here. It is not legal at all for them to garnish your wages right now--they can ONLY garnish wages after the lawsuit is over and they have won! If they have not won their case against you, then this is a VERY illegal garnishment.

You need to find out from your employer exactly who has garnished your wages, and if it is these same people that are suing you, you need to take documentation of this garnishment to court. You need to inform the judge that the plaintiff has already issued a court order to your employer, and you would seriously like to know how that is even possible if the court case is not yet over. Unless there has already been a judgment entered against you, this is not legal. Now, if they got a judgment against you, then they can do this. But in this case, where you have evidence that you were never served, I would petition the court to revoke the garnishment order until this can be resolved. I would add that youre requesting that the court order the plaintiff to return all monies that they have garnished from you, since the plaintiff only obtained the judgment(and therefore the ability to garnish) by false documentation of service.

I'm guessing that youre going to file a motion to vacate judgment due to improper service. Some jurisdictions refer to this as an "order to show cause". Yes, definitely file that motion.


lrhall41

Submitted by skydivr7673 on Sat, 12/11/2010 - 22:43

( Posts: 2036 | Credits: )