Legal Question in Credit and Debt Law in Florida
my employer recieved a notice of garnishing my wages for a debt i did not know about.I went to county clerks office to see what this was all about and found out that there was a judgement against me back from 2008.I was never notified and to find out in the paper work at the clerks office saying i was served in 2007 which i was NOT.Is this legal and do you have any advice on what i should do i contacted a lawyer and have an appointment in two days from now.also to find out when i looked at my credit report nothing of this judgement shows up.DO i have to pay this?
2 Answers from Attorneys
Unless the judgment is dismissed, it is enforceable. A lawyer will examine the nature of
the debt, the purported "service," and other aspects of the case. Legal service can vary
in different jurisdictions. If the debt and judgment were fraudulent, deceptive, or is not
defensible, the judgment will be dismissed. Of course, it may involve time and expense
but you have few options if you want to oppose the garnishment.
Setting aside a judgment is not easy and most of the time you cannot do it unless there is evidence that you were not served or there was fraud involved. You would need to obtain a complete copy of the court file for a lawyer to review. Even assuming there is evidence of fraud or non-service, the cost to set aside a judgment has to be weighed against the amount of the judgment. I have charged $1500 to $2000 to set aside judgments. So if your judgment is less than $2000 or not significantly higher than the amount to set it aside, you may be better off just paying it. Of course, the judgment on you credit is not good and lowers your credit rating.
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