retrieving garnished wages

[baghead]

I live in Arizona and the case is in Los Angeles Ca. I have filed a motion to vacate a default judgement. I feel certain it will be granted. I have never been served. I also filed an answer an affermitive defense. SOL had passed. What I need to know now is how do I go about getting my garnished wages and assets back. The assets are being held by the sheriffs but only for 7 more days. Will I have to sue for them or will the court order them returned? I expect no help from the plantiffs attorneys. They have used every dirty trick you could think of so far. They have $12,000.00 of mine and I am broke. I searched everywhere for a procedure for this situation and have found nothing. Any help will be greatly appreciated.

 

[Mass_Shyster]

Amend your answer to include the $12K as a counter-claim.

 

[sandyclaus]

I find it interesting that the garnishment has gone on this long before OP decided to try to vacate the judgment. $12,000 is a lot of money to be garnished, and I'm sure it did not happen overnight.

So why is it that you waited until AFTER all this money had been garnished and assets seized prior to filing to vacate the judgment that started all of this?

How long ago was this judgment entered?

 

[despritfreya]

I find it interesting that the garnishment has gone on this long before OP decided to try to vacate the judgment. $12,000 is a lot of money to be garnished, and I'm sure it did not happen overnight.

In addition. . . it appears that this is a California judgment being executed in Arizona. The creditor had to file suit in AZ to domesticate the judgment. OP could have defended this second suit. Something is not right here. Wonder what the whole story is.

Des.

 

[baghead]

The it in July 2011 when someone started garnishidefault judgement was entered in nov. 2010. I first found out about ng my wages. I traveled to L.A. four times since that time trying to take care of this. I had difficulty with finding an attorney or paralegal that I was comfortable with. I decided to do it myself. I found I still had time to do this because I was never served, Civl code 473.5. The plantiff served the 15 year old daughter of the tennant of a property that was recently left to me upon my fathers death. The tennant took the document to the court where it came from and complained about her young daugh pages on line. They delayed the garnishment as long as they could so as to limit my time to address the issue. I have tried ter being presented with the papers. She told them that no one by that name lived there. She then repeated the same story to the plantiffs attorney. She never notified me. I have never lived at that address. They were aware of my true residense where I have lived for the past 8 years. My current address is on my credit report and can be easily found by looking in the whiteto do my homework and believe I can stop them. I am filing (my second attempt) on Monday Dec.19 2011. In that filing I give a more detailed account of the events supported by documents and affidavits covering all that was stated above. My sol defense is also documented. It sounds like I should include a counter claim with my answer in order to get my money back. Should I include my exspenses for responding to all of this in that counter claim. My motion to the court is a little more refined than my posting here. Thank you for your responses and for this forum.

 

[baghead]

I am sorry. not sure what happened to my reply. I will repost later. basically I was never served found out about it in july 2011 when they started garnishing. They just emptied my bank account a week ago. I am filing Motion Monday dec.19

 

[baghead]

The default judgement was entered in nov. 2010. I first found out about the default judgement when my wages were garnished in July 2011. I traveled to L.A. four times since that time trying to take care of this. I had difficulty with finding an attorney or paralegal that I was comfortable with. I decided to do it myself. I found I still had time to do this because I was never served, Civl code 473.5. The plantiff served the 15 year old daughter of the tennant of a property that was recently left to me upon my fathers death. The tennant took the document to the court where it came from and complained about her young daughter being served (or subserved) with the summons. She also called the atorneys for the plantiff and told them the same thing. She told both that no one by that name lived there. She never told me about the summons. I have never lived at that address. They were aware of my true residense where I have lived for the past 8years. My current address is on my credit report and can be easily found by looking in the white pages on line. I have tried to do my homework and believe I can stop them. I am filing my motion (my second attempt) on Monday Dec.19 2011. In that filing I give a more detailed account of the events supported by documents and affidavits covering all that was stated above. My sol defense is also documented. It sounds like I should include a counter claim with my answer in order to get my money back. Should I include my exspenses for responding to all of this in that counter claim. My motion to the court is a little more refined than my posting here. Thank you for your responses and for this forum.