What to do if I have been improperly served?
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What to do if I have been improperly served?
My mother recently called to say I was getting mail at her address in regards to a judgement filed on credit card debt. I have never lived at her address and have been currently residing in my home for the past 8 years. I looked on my county website and they did actaully file a judgement. I have never been properly served. I do not want my wages or bank account garnished for something I was never aware of. How does one proceed?
Asked on June 15, 2012 under Bankruptcy Law, Georgia
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Normally, if someone has not been served with notice of a lawsuit, then they don't have to worry too much about it until they get that notice. You are the exception to that rule, however, because you do know about the lawsuit and a judgment has been entered against you. Even though you haven't been served, the only way to get the judgment undone is to jump into the lawsuit and file a motion to set aside the judgment for lack of service. If you do nothing now, especially considering that you are aware that the judgment exists, then you will forfeit your right to complain later. You need to talk to a civil or consumer attorney about helping you file the motion to set aside the judgment for lack of service.
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