I was served a wage garnishment and was never sued! ?

[CuriousGeorge3]

Hello all,

I am hoping that someone here could help me out.

I live in California.

Today, i was served a wage garnishment envelope directed to HR at my work , and to my surprise, I am the one that is, allegedly, on the hook for the wage garnishment..

On the paperwork it says it was from a Providian credit card from 2007.

It appears they have the garnishment order, but i was never served, or sued. (that i know of)

I have lived at the same place since 2008, so its not like i moved around about.

I know the statue is usually 5-6 years to sue, but i was never sued, yet they procured an order? How?

I read somewhere that if you contact these creditors or company that has the garnishment you are acknowledging the debt and it restarts the clock, but with a wage garnishment order, i don't know how i cant, not contact these people to find out what is going on.

So this leads me here,

1) If i was never properly served or sued, how did they manage to proceed and win a judgement?

2) If this was from 2007, wont there be 9 years worth of interest due?

3) What are my options here and how long could i expect this to take to resolve?

4) What are the chances i can get out of this thing while paying no money (Can i obtain steps to file the proper paperwork myself ?)



any advise would be well taken and much appreciated.

Thank you and God bless ,

George.

 

[LdiJ]

Hello all,

I am hoping that someone here could help me out.

I live in California.

Today, i was served a wage garnishment envelope directed to HR at my work , and to my surprise, I am the one that is, allegedly, on the hook for the wage garnishment..

On the paperwork it says it was from a Providian credit card from 2007.

It appears they have the garnishment order, but i was never served, or sued. (that i know of)

I have lived at the same place since 2008, so its not like i moved around about.

I know the statue is usually 5-6 years to sue, but i was never sued, yet they procured an order? How?

I read somewhere that if you contact these creditors or company that has the garnishment you are acknowledging the debt and it restarts the clock, but with a wage garnishment order, i don't know how i cant, not contact these people to find out what is going on.

So this leads me here,

1) If i was never properly served or sued, how did they manage to proceed and win a judgement?

2) If this was from 2007, wont there be 9 years worth of interest due?

3) What are my options here and how long could i expect this to take to resolve?

4) What are the chances i can get out of this thing while paying no money (Can i obtain steps to file the proper paperwork myself ?)



any advise would be well taken and much appreciated.

Thank you and God bless ,

George.

You would file a motion in the court that issued the judgment, to have the judgment vacated because you were never served. Then, if they refile, ask for the case to be dismissed as it is past the statute of limitations.