What are my rights if a garnishment order was granted in court but I was never served papers to appear?

UPDATED: Oct 28, 2011

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What are my rights if a garnishment order was granted in court but I was never served papers to appear?

Once I received the garnishment notice from my employer, I found out that my case had gone to court, but I was never notified. When I inquired with the court house, they have it on file that I was “sub-served”. I believe this is falseas I was never served nor was anyone I know served on my behalf. Do we have a case to stop the garnishment?

Asked on October 28, 2011 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The way to contest the wage garnishment that you are subject to with respect to a judgment is for you to file a motion with the court concerning the judgment and garnishment seeking to set it aside.

You will need to do a notice of motion, a declaration by you setting forth the basis to set aside the wage garnishment and a memorandum of points and authorities in support of the motion.

There are forms online that you can use as a template for what needs to be done. Also, your county may have a

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