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Garnished wages -- default judgment

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brecherdc

Junior Member
What is the name of your state? Virginia


My wife just received notice that her wages are being garnished because of a default judgment against her in 2002. She is positive that she was never informed about the original court date and that she would have contested it if she had known.

1) Is there any way to reopen/contest/appeal the default judgment from the original 2002 case?

2) Is there any way to halt the garnishment in the meantime?


Any help appreciated. TIA
 


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seniorjudge

Senior Member
brecherdc said:
What is the name of your state? Virginia


My wife just received notice that her wages are being garnished because of a default judgment against her in 2002. She is positive that she was never informed about the original court date and that she would have contested it if she had known.

1) Is there any way to reopen/contest/appeal the default judgment from the original 2002 case?

2) Is there any way to halt the garnishment in the meantime?


Any help appreciated. TIA
Click to expand...


Before you do anything, go to the courthouse and look at the file on the judgment. It will tell you whether you were served or not.
 
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badapple40

Senior Member
You can usually file a motion to set aside the judgment on the grounds of non-service. However, you should consult an attorney before doing so, and should submit evidentiary support (e.g. an affidavit).
 
B

brecherdc

Junior Member
seniorjudge said:
Before you do anything, go to the courthouse and look at the file on the judgment. It will tell you whether you were served or not.
Click to expand...
Thanks for the advice. I checked the file, and I saw no evidence that she was served. Is the next step to file a motion to vacate the default judgment, or is this a more complex issue?

Also, would I be able to file another motion to lift the garnishment and return her wages to her? If so, would I need to wait until the default judgment is vacated to file this motion, or can this be done at the same time?
 
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