California | Bankruptcy
Legal Question
My check is being garnished and I was never served court paper.
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Legal Answer
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Read More Answered By: Robert F. Cohen |
Bankruptcy might permanently or temporarily stop the garnishment, depending on the reason for the underlying lawsuit.
Because you claim you were never served, you can file a motion in state court to set aside the default and judgment, and hear the case. Of course, if you owe the debt, that would be a futile and expensive act. It would, however, put you in a better bargaining position, and you might even have some defenses such as running of the statute of limitation. |
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