I was just garnished my wages in a judgement from 10 years ago. I was never served in this small claims matter. The court papers state I was notified by email, however I did not have internet service for about 3 years during the time the judgement was ordered, What do I do? The copies supplied from my employer about this show no notifications from anyone, all the "serve notice" papers are blank
1 Answer from Attorneys
Just in general, without valid service, the judgment may be void or voidable. You need to consult with a local attorney in your area and explain the timeline involved. You would also have to explain the particulars of case per the very specific questions asked. One question would be, even though you didn't have internet service did the court mail you a Notice of Judgment? Also once you received your Notice of Judgment, did you attempt to have it set aside as as result of your not having internet service and not receiving service? After judgment is rendered and you receive notice, what did you do to protect your interest? You may want to search the Court of Appeals of Texas,Houston (14th Dist.) case captioned: Angelo DISPENSA, Individually and as Independent Executor of The Estate of Frances D. Maceo, Deceased, Appellant, v. UNIVERSITY STATE BANK, Appellee. NO. 14-97-00380-CV. Decided: February 25, 1999. Also, consulting with a local attorney in your area who practices in debtor's rights can assist you in determining, what, if anything, can be done. Good luck to you.