Legal Question in Consumer Law in Georgia

On Friday I discovered that my paycheck is being garnished for a credit cared debt/judgment that was issued back in 2006. I was never served notice of any of the proceedings, furthermore the debt is not mine. How should I go about handling this disaster?!? Also, I now live in a state that does not allow cc to garnish paychecks for debts, but the judgement was decided in another state...which state do I need to find a lawyer in?


Asked on 9/11/11, 8:04 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all the state where you live in is irrelevant in a garnishment. The state where the paycheck is issued from is what matters.

A garnishment happens after you lose a lawsuit. Even if the debt was not yours, not defending it may prevent a challenge now. If, however, you can prove a lack of service (and bear in mind that service can sometimes be by publication, and be legal), you may have a defense.

Also, before you challenge anything, since companies sell debt all the time, be very sure the debt actually is not yours.

Do your homework, and then get a lawyer in the state where the case and garnishment are taking place.

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Answered on 9/11/11, 8:15 am


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