Legal Question in Credit and Debt Law in Georgia
I received something from a "Midland Funding llc assingee of citibank south dakota" the says Release of Garnishment.
It goes on to say:
This is to notify you that you have been released from filing an answer to any and all summons of garnishment pending as of this date in the above styled case.
This release authorized you to deliver to the defendant in garnishment any money or other property in your possession belonging to the defendant.
This release does not terminate the garnishment proceeding nor does this release relieve you of any obligation placed on you by the service of a summons of garnishment subsequent to this date.
This 08 day of Feb, 2012
(The letter was mailed by postmark on Feb 09)
We never received any summons or notice at all about this. You'll notice that this is written as if "all is well." But the last time this happened, I looked up and found myself being garnished by this predator.
What do I do?
2 Answers from Attorneys
You turn off the computer, call the lawyer who assisted you the last time (surely you used one) and ask him to assist you.
If there was a garnishment, then this surely is not the first that you have heard about this if you are the debtor. If you truly have not received notice, then you need to go to the court which issued the garnishment and make a copy of all relevant documents in the file (summons & complaint, notice of judgment, writ of fi. fa.) and go to a local attorney to have all these documents reviewed.
I am not sure why, but the garnishment action is terminated. That does not relieve you from paying the judgment. Nor does it save your your property (bank account, personal or real property from potential levy). The release also does not stop the judgment creditor from re-filing.
So that is why you need to have an attorney review the documents and advise you as to your options.
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