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"Judgment After Sol" (Curious)


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Posted by Why Chat (209.240.205.61) on January 05, 2004 at 03:00:56:

The link to this thread is below:

Yes a CA can file, and get a default judgment, and wait to garnish your pay until they see that you are working and paying other debts.

Yes it is past the time or an appeal EXCEPT in the case of fraud. It is NOT past the time to file a motion to vacate if the judgment has "just" been discovered because of the garnishment.

Validation has little to do with this issue. IF you had been properly served and had notice of the case, you had the opportunity to answer with whatever defense you had, SOL, no proof of claim etc. etc.

So, if you were NOT properly served, had no notice of the claim AND had an available defense you COULD have used, you were denied due proccess.

In that case, you can file a motion to vacate the judgment. It is NOT a simple procedure, and you will need a consumer lawyer to help you. IF you have proof of violations, you MAY be able to countersue for damages.



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