Garnish wages already filed

[heonlike]

What is the name of your state? NV

I had a providian account (bravo credit card) about 10 years ago and it has been closed for about 8 years. I lived in Illionis at the time. I moved to Las Vegas and have been living here for 7 years. I guess I received a summons a couple of months ago. My roomate signed for it but failed to tell me about it before he moved out. Now I just received a letter from the courts stated that they are going to start garnishing my wages for $7000. I need to some help on what I should do next. Thanks

[Ladynred]

WHERE did they sue you ?
In order to garnish your wages in NV, they have to move the judgment to NV. Call your local courthouse and find out if there's anything there.

[heonlike]

they sued me in nevada

[Ladynred]

Too bad you didn't do something earlier, the SOL in NV is max 6 years, you probably could have stopped it before it even became a judgment.

You can appeal the garnishment, and you can appeal the judgment.

[heonlike]

Thanks for your replies. Can I dispute the fact the I wasn't summons or does that not matter.

[Ladynred]

Technically you WERE served, the summons did go to your residence and it was signed for by someone living there, that's all the court will care about. That doesn't mean you can't still challenge the judgment.

[heonlike]

i just spoke with an attorney (not a collections attorney but a bankruptcy, general pratice attorney) and he told me that I can't appeal it and that I would have to pay them. Is this true?

[Ladynred]

If the case was classifed as a summary proceeding, then you would have no right of appeal (per NV statutes). However. WRITTEN consent by both parties would be required for a summary proceeding, and you clearly didn't do any such thing.

A lawsuit for $7000 would be beyond the small claims limits in NV, so did they sue you in a district court or justice court ?

Judgments CAN be appealed, the question is, why are they telling you that you cannot appeal this one ?

(a) The enforcement of the judgment or decree is stayed on appeal by the execution of a sufficient undertaking as provided in the Nevada Rules of Appellate Procedure or by the Statutes of the United States..

[url]http://www.leg.state.nv.us/NRS/NRS-017.html#NRS017Sec010[/url]

In NV Small claims, you only have 5 days to appeal a judgment. The limit of Small Claims is $3500, yours is much more than that, so I doubt it was done in small claims.

[url]http://research.lawyers.com/Nevada-Small-Claims.html[/url]

I also found this : [url]http://www.co.clark.nv.us/justicecourt_hd/sc_appeal.htm[/url]
May not be your location, but the law is the same.

[heonlike]

It was a justice court and it was filed July 28th. I had a feeling the Lawyer I was talking to didn't know what he was talking about and this wasn't his field. I also forgot to mention that I didn't show up on the court date because I had no knowledge of it (roomate never gave me the summons). So you think I should get a new lawyer and try to get this appealed or is it to late. Thanks so much for all of your replies Ladynred.

[Ladynred]

According to the info at that last link I gave you, you only have 8 days to appeal a judgment. That's REALLY short and you are beyond that. However, you can try calling the court clerk and inquire about filing an appeal. I'd definitely find a lawyer who has a clue.