Legal Question in Civil Litigation in Virginia

Garnished wages -- default judgment

My wife just received notice that her wages are being garnished because of a default judgment against her in 2002. She is positive that she was never informed about the original court date and that she would have contested it if she had known.

1) Is there any way to reopen/contest/appeal the default judgment from the original 2002 case?

2) Is there any way to halt the garnishment in the meantime?

Any help appreciated. TIA


Asked on 2/21/06, 9:23 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Garnished wages -- default judgment

If service was defective, she can move to vacate what is in fact a void judgment. She can also move to stay the garnishment pending disposition of that motion. She should get a lawyer to handle this, and make sure the court file is reviewed to see what it says about service.

Read more
Answered on 2/21/06, 9:40 am


Related Questions & Answers

More General Civil Litigation questions and answers in Virginia