Is there anything or anyway of getting the money back if I was never served a summons? 6 Answers as of April 28, 2014

On the day that the lawyer’s office said they served me, I was fighting for my life at an emergency room. They sued me without me even knowing about it. Now they are going to garnish my wages. I just received the notice of garnishment. I know I am going to lose that money.

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SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
Yes, if you can prove what you say, then you can go into court and request that service be quashed. You must also show that you would have a defense to the debt.
Answer Applies to: Illinois
Replied: 4/28/2014
The Troglin Firm | William M. Troglin
You have only two choices - 1. You can hire an attorney who does litigation in the state court system to file a traverse to the garnishment. 2. You can file a bankruptcy. Bankruptcy would probably be cheaper.
Answer Applies to: Georgia
Replied: 4/25/2014
Cameron Totten | Cameron Totten
If you were not properly served with the summons and complaint, you can file a motion to set aside the judgment which, if successful, would stop the wage garnishment and force the creditor to start the lawsuit from the beginning again.
Answer Applies to: California
Replied: 4/24/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
If you have a valid defense to the debt you seem to have a valid excuse why you did not respond to the lawsuit.. so you can file a motion to overturn the judgment.. Please contact an attorney IMMEDIATELY.
Answer Applies to: Michigan
Replied: 4/24/2014
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 and then fight them in court based on false service of process
Answer Applies to: New York
Replied: 4/24/2014
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    You need to file a motion to vacate supported by an affidavit and proof that you were at the emergency room. A judgment entered without service is void. You need to check the court file and make sure they did not serve a member of the family over 13. That plus mail is good service, although given your illness there might be good cause to vacate a judgment even then.
    Answer Applies to: Illinois
    Replied: 4/24/2014
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