Legal Question in Civil Litigation in Virginia

Civil lawsuits

I was playing around when I found a court case website and found out my husband was recently sued and they are going for garnishment. He was never served, and the address they served was an address that was listed on the contract as a previous address, not his current that they do indeed have. Is there anything we can do about it? Also, can they get a garnishment without him being served? I looked up the company's lawsuits and almost all were default judgements they obtained. The few people who showed up were all dismissed. I have a feeling they tend to do business this way to gain default judgements. Had he known about it, he would have appeared in court as the money was not owed. If they manage to get the garnishment we will lose everything (including our home) because we cannot possibly pay that much as a family of 7.

Asked on 7/13/09, 12:31 am

2 Answers from Attorneys

David Kaufman Kaufman Law, A Professional Corporation

Re: Civil lawsuits

There are many possible ways to attack a lawsuit where you were not served in cases like you describe. What you will have to do now is attack the default judgment on the grounds of no notice and get it set aside. Better move quickly too because once the ball starts rolling it is much harder to stop. Find a lawyer not too far from where you live and ask for help. Alternatively, some local courthouses have lists of lawyers that do the kind of work you need. Check there too. Good luck.

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Answered on 7/13/09, 7:40 am

Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Civil lawsuits

I agree. Consult an attorney as soon as possible. Good luck.

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Answered on 7/13/09, 9:53 am

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