T
time4sax
Guest
What is the name of your state? Arizona
A third party collector has won a default judgment against me through their attorney. They have now filed a petition to garnish my wages. The problem is they sent the petition to my former employer. Now I know it is only a matter of time before they locate my current employer.
I want to file a motion to vacate the judgment but I don't want them to have a chance to garnish my wages at my current employer. I am contemplating filing the petition papers for a Chapter 7 and just allow it to expire without actually filing. I will then present my BK to the courts to stop any garnishment. This would then allow me to file my motions without worrying if I am going to get a garnishment.
Is this a bad strategy? Also can a third party collector sue if they are not the "injured party"? My motion will be based on lack of jurisdiction. Any other suggestions are welcomed.
A third party collector has won a default judgment against me through their attorney. They have now filed a petition to garnish my wages. The problem is they sent the petition to my former employer. Now I know it is only a matter of time before they locate my current employer.
I want to file a motion to vacate the judgment but I don't want them to have a chance to garnish my wages at my current employer. I am contemplating filing the petition papers for a Chapter 7 and just allow it to expire without actually filing. I will then present my BK to the courts to stop any garnishment. This would then allow me to file my motions without worrying if I am going to get a garnishment.
Is this a bad strategy? Also can a third party collector sue if they are not the "injured party"? My motion will be based on lack of jurisdiction. Any other suggestions are welcomed.