How could we deal with this impending garnishment and have the judgement set aside? 6 Answers as of June 30, 2015

My wife has been served with a judgement and a wage garnishment from a credit card account from Feb. 2012. The statute of limitations is 4 years. This judgement was obtained without our knowledge. It was a stealth judgement. What are our options?

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You would have to file a motion to vacate the judgment in order to proceed to remove the garnishment or file a bankruptcy and get rid of it.
Answer Applies to: New York
Replied: 6/30/2015
Patrick W. Currin, Attorney at Law | Patrick Currin
It will be very difficult to get the judgment set aside. The fact you were not served does not mean you didn't have a chance to defend the case. The plaintiff still had to prove his case to the satisfaction of the judge and clearly did. You can pay the judgment or settle (lump sum can mean a reduction) or take a BK if eligible.
Answer Applies to: California
Replied: 6/29/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
See an attorney with details and documentation. You would have to have the judgment set aside to invalidate the garnishment.
Answer Applies to: Michigan
Replied: 6/29/2015
Law Office of Joshua R.I. Cohen
Law Office of Joshua R.I. Cohen | Joshua Cohen
Hire an attorney to possibly have judgment vacated and deal with the lawsuit. Where are you getting 4 year SOL?
Answer Applies to: Connecticut
Replied: 6/29/2015
Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
Go to the court clerk's office. Get a copy of the "return of service" and see how plaintiff claims to have served you. You need to file a motion to quash service and vacate the judgment supported by an affidavit showing why the return of service is false. In Illinois the return is presumed to be true with respect to anything the process server could have observed, and you have to disprove it. If you have any sort of corroborating evidence, provide it. For example, if you did not reside at the place of service, provide documentation showing where you did reside.
Answer Applies to: Illinois
Replied: 6/29/2015
    Stacy Joel Safion, Esq.
    Stacy Joel Safion, Esq. | Stacy Joel Safion
    You make a motion in court to set aside the judgment based upon lack of service. The statute runs from when the contract is breached (i.e. the first month she missed a payment.)
    Answer Applies to: California
    Replied: 6/29/2015
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