Genral advise on Garnisment notice

[JKarn]

What is the name of your state (only U.S. law)? Indiana

A few weeks ago I got a notice to appear in court on a 7 year old judgement against me. This has caught me completely by surprise, and not even sure its mine.
The hearing for garnishment is set for August 16th 2017. This is the 1st notice on this matter to ever reach me.

My question is, do I have to file for a continuance, or can I show up for the court date, and simply ask the judge for one?

I need time to look into this matter, and never being served prior to this notice.

Thanks in advance for any information

 

[adjusterjack]

If you need a continuance it means you are unable to show up for the court date.

If you show up it means you don't need one.

To get one you'll have to file a motion asking for it. You'll need a damned good reason to ask. Needing time to look into it is not a good reason since there is a lot you can accomplish in almost 2 weeks. You'll have to serve a copy of the motion on the creditor. The creditor will have the option of responding to it and can ask that your motion be denied.

It probably will be denied since you got the notice a couple of weeks ago which means you had, what, a month from the time you got the notice until the hearing.

What have you done to "look into it" since you got the notice? Nothing?

Your first step should be an immediate visit to the court house so you can get a look at your judgment case file and buy copies of everything in it. That's how you "look into it."

You can file your motion for continuance at the same time and see how that goes.

 

[Zigner]

If you need a continuance it means you are unable to show up for the court date.

If you show up it means you don't need one.

I disagree. A continuance may be requested (and, possibly, granted) for myriad of reasons, even if the party shows up. In this case, a continuance may even be warranted while the OP researches the validity of the underlying case. Of course, the OP will have a much greater change of having a continuance granted with the assistance of an attorney...

 

[quincy]

What is the name of your state (only U.S. law)? Indiana

A few weeks ago I got a notice to appear in court on a 7 year old judgement against me. This has caught me completely by surprise, and not even sure its mine.
The hearing for garnishment is set for August 16th 2017. This is the 1st notice on this matter to ever reach me.

My question is, do I have to file for a continuance, or can I show up for the court date, and simply ask the judge for one?

I need time to look into this matter, and never being served prior to this notice.

Thanks in advance for any information

Because you received notice of the hearing "a few weeks ago" and you have over a week left before the hearing, I suggest you find an attorney in your area now to assist you in looking into the 7-year-old judgment and the garnishment.

It is not uncommon for debtors to ignore creditor demands. Debtors frequently fail to show up for hearings. Default judgments are not uncommon. It is often that a debtor only responds when they discover they can no longer avoid the creditor and can no longer avoid paying on their debt. The debtors are forced into paying when their bank accounts are frozen, their assets attached, their wages garnished.

Unfortunately for you, creditors and courts are used to hearing claims from debtors that notices were never received and that the debts are not theirs. You will have a difficult time showing the court that your story is true when so many similar stories have proven false.

You should not simply show up in court to ask for additional time. You should find an attorney to help you, if you hope to avoid a garnishment of your wages.

Good luck.

 

[JKarn]

General advise on Garnisment notice

I disagree. A continuance may be requested (and, possibly, granted) for myriad of reasons, even if the party shows up. In this case, a continuance may even be warranted while the OP researches the validity of the underlying case. Of course, the OP will have a much greater change of having a continuance granted with the assistance of an attorney...

I have went and got copies of the complete file from the court. The case filed in 2008, and default judgement in
2010. It shows the court had the sherif served the original, to an address on my drivers license. This is a long story, but will make it short. I was never a resident of this county, I was homeless staying with several different friends. The address served was a friend of mine, he allowed me to use his address to obtain a drivers license. I never lived their, but did stay on occasion. His girlfriend signed the sheriff notice, which of course I knew nothing, and probably didn't see her for a month. She is a know alcoholic & drug addict, for 30 years, so hard to blame her. Plus a friend and he was a good buddy whom has since passed away. I contacted her about this last week, and she says no way, and remembers nothing.

It also show attempts to deliver a few summons, most recent in 2015. The places they attempted, I never lived or even visited, have no clue how they arrived at the address. I've been sober for 7 years now, started live over, trying to rebuild. I've lived in the same place for 2 1/2 years, and this is the 1st time I've ever heard of the case.

It may be a rare case, and I'm not trying to be a victim, but some how it fell through the cracks. What I'd really like to do is have the original judgement thrown out, because I never got served, and let's start over. I want some disclosure because I really don't think it's mine.

Any advise would be appreciated

 

[quincy]

I have went and got copies of the complete file from the court. The case filed in 2008, and default judgement in
2010. It shows the court had the sherif served the original, to an address on my drivers license. This is a long story, but will make it short. I was never a resident of this county, I was homeless staying with several different friends. The address served was a friend of mine, he allowed me to use his address to obtain a drivers license. I never lived their, but did stay on occasion. His girlfriend signed the sheriff notice, which of course I knew nothing, and probably didn't see her for a month. She is a know alcoholic & drug addict, for 30 years, so hard to blame her. Plus a friend and he was a good buddy whom has since passed away. I contacted her about this last week, and she says no way, and remembers nothing.

It also show attempts to deliver a few summons, most recent in 2015. The places they attempted, I never lived or even visited, have no clue how they arrived at the address. I've been sober for 7 years now, started live over, trying to rebuild. I've lived in the same place for 2 1/2 years, and this is the 1st time I've ever heard of the case.

It may be a rare case, and I'm not trying to be a victim, but some how it fell through the cracks. What I'd really like to do is have the original judgement thrown out, because I never got served, and let's start over. I want some disclosure because I really don't think it's mine.

Any advise would be appreciated

Your best chance to get what you want before the hearing is to have an attorney work with you. There are legal aid clinics scattered throughout Indiana. You could find assistance there.

 

[Zigner]

Frankly, it sounds as if you WERE properly served.

 

[JKarn]

General advise on Garnisment notice

I disagree. A continuance may be requested (and, possibly, granted) for myriad of reasons, even if the party shows up. In this case, a continuance may even be warranted while the OP researches the validity of the underlying case. Of course, the OP will have a much greater change of having a continuance granted with the assistance of an attorney...

I have went and got copies of the complete file from the court. The case filed in 2008, and default judgement in
2010. It shows the court had the sherif served the original, to an address on my drivers license. This is a long story, but will make it short. I was never a resident of this county, I was homeless staying with several different friends. The address served was a friend of mine, he allowed me to use his address to obtain a drivers license. I never lived their, but did stay on occasion. His girlfriend signed the sheriff notice, which of course I knew nothing, and probably didn't see her for a month. She is a know alcoholic & drug addict, for 30 years, so hard to blame her. Plus a friend and he was a good buddy whom has since passed away. I contacted her about this last week, and she says no way, and remembers nothing.

It also show attempts to deliver a few summons, most recent in 2015. The places they attempted, I never lived or even visited, have no clue how they arrived at the address. I've been sober for 7 years now, started live over, trying to rebuild. I've lived in the same place for 2 1/2 years, and this is the 1st time I've ever heard of the case.

It may be a rare case, and I'm not trying to be a victim, but some how it fell through the cracks. What I'd really like to do is have the original judgement thrown out, because I never got served, and let's start over. I want some disclosure because I really don't think it's mine.

Any advise would be appreciated

 

[quincy]

I have went and got copies of the complete file from the court. The case filed in 2008, and default judgement in
2010. It shows the court had the sherif served the original, to an address on my drivers license. This is a long story, but will make it short. I was never a resident of this county, I was homeless staying with several different friends. The address served was a friend of mine, he allowed me to use his address to obtain a drivers license. I never lived their, but did stay on occasion. His girlfriend signed the sheriff notice, which of course I knew nothing, and probably didn't see her for a month. She is a know alcoholic & drug addict, for 30 years, so hard to blame her. Plus a friend and he was a good buddy whom has since passed away. I contacted her about this last week, and she says no way, and remembers nothing.

It also show attempts to deliver a few summons, most recent in 2015. The places they attempted, I never lived or even visited, have no clue how they arrived at the address. I've been sober for 7 years now, started live over, trying to rebuild. I've lived in the same place for 2 1/2 years, and this is the 1st time I've ever heard of the case.

It may be a rare case, and I'm not trying to be a victim, but some how it fell through the cracks. What I'd really like to do is have the original judgement thrown out, because I never got served, and let's start over. I want some disclosure because I really don't think it's mine.

Any advise would be appreciated

Your latest post ^^^ is a duplicate of the one you posted previously. It was read and responded to already.

I agree with Zigner, though, that it appears you were served in 2010.

Again, I would spend less time on forums and more time sitting down with an attorney in your area, before you find it is too late getting help to avoid garnishment (if avoiding garnishment is your goal).

Good luck.

 

[JKarn]

Frankly, it sounds as if you WERE properly served.

I was personally never served, and till now wasn't aware of anyone else for my sake being served.

 

[quincy]

I was personally never served, and till now wasn't aware of anyone else for my sake being served.

Here is a link to Indiana court rules of procedure. See Rule 4, on service.

http://www.in.gov/judiciary/rules/trial_proc/#_Toc483220756

Service can be by personal service, by sending the summons and complaint by registered or certified mail, or by delivering a copy to an adult at the person's dwelling or place of business (followed by mailing to the last known address). It appears your major error was in not updating your address with the state. Your driver license indicated you lived at the address where the summons and complaint were delivered.

I again recommend you try to find legal assistance in your area. Good luck.