What constitutes proper proof of service?

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What constitutes proper proof of service?

I owe a medical provider for co-payments. My wife received a “writ of garnishment” (on the 28th) in the mail. It was issued on the 14th of this month but mailed on the 25th. Her pay check issued on the 28th was garnished. We were never served. I tracked down the “proof of service” document and it states it was delivered by “posting at above said residence” and “first class mailing”. It appears a default judgement was issued and then the writ of garnishment. We never found a “posting” or noticed anything in the mail. Is “posting” proper service? Shouldn’t we have had time to respond to the “writ of garnishment” before her check was garnished. And also is my wife liable for my medical debt as our state is a non-community property state.

Asked on October 2, 2012 under Bankruptcy Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, once a judgment has been entered against a person mailing of any debt collection proceedings is allowed. As such, the mailing of the wage garnishment to your home was proper. Your wife has a certain time period to oppose such by serving and filing a claim of exemption in the court where the judgment was entered.

As to a default judgment and service of the initial summons and complaint, persoal service and sub-service of the legal proceeding is allowed. Once done, service of the default request and default judgment is allowed by mail.

The time to respond to the wage garnishment is after the notice of such is given. Under the laws of all states, prior notice of such a proceeding is not required.

Under the laws of all states in this country, if the debt that has a judgment against you was incurred during your marriage, your wife's share of marital assets such as her wages is subject to levy for payment of a marital debt.


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