Not served

[tiburon12975]

What is the name of your state? California
I was informed today that my wages were being attached and I was never served any paperwork to go to court. I did look on the wage attachment paper work and it has me at an address that does not exist and that I had never resided at. I had lived in the same apartment for 3 years. I am going to the courthouse to see if I can find out who signed or who it states the paperwork was served too. I had explained to the lawyer that I had never been served and or knew about having to appear in court, he was unsimpathetic. If I can prove that I was never served, can the garnishment be reversed? If not, how do I make it so that it is not a financial hardship on me and my two children that I raise alone. They will be taking about $500.00 a month from my checks and my one check I pay rent with would be $150.00 short of the amount of my rent.

 

[dcatz]

You need to file a motion to vacate the judgment based on defective service (lack of service, really). That will stop the garnishment too.

By “reversing the garnishment”, are you saying it has already started? It’s a bit premature to talk about reclaiming any money taken. When you move to vacate the judgment, you’ll also have to respond to the original Complaint. You haven’t said what the Complaint was about or whether you would be liable, if it was litigated.

If they get a judgment again, they’ll start to garnish again. You must be making reasonably good money, if they can take $500/mo. and you’re a working, single mother of two. They are limited to 25% of disposable income. That’s after taxes and withholdings. Against the figure that’s left, you have a right to exemptions needed to sustain yourself and the children – things like rent, food, transportation, medical care etc. etc.

Why don’t you start at the beginning and check the court file to see how and where they claim you were served? Then, if you want to post back with questions about a motion to vacate or whatever seems appropriate after getting the information, you can do that.

If you’re going to the court, ask a clerk for a list of statutory exemptions. Many courts will have them pre-printed. You can also review them here:
http://www.courtinfo.ca.gov/forms/fillable/ej155.pdf.

If you don’t want to fight the judgment, you can at least claim your exemptions. You’ll need to file these two forms and a hearing will be set to determine any and all to which you’re entitled:
http://www.courtinfo.ca.gov/forms/fillable/wg006.pdf

http://www.courtinfo.ca.gov/forms/fillable/ej165.pdf