Is it legal for a bill collector to go to court and garnish my wages without my knowledge?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal for a bill collector to go to court and garnish my wages without my knowledge?

I have a collection agency that has garnished my wages twice for 2 differant credit cards. I was never served to appear in court on either one. Is that legal for a bill collector to go to court and garnish without my knowledge?

Asked on March 30, 2012 under Bankruptcy Law, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The law is clear that you have to be served with the pleadings (the summons and complaint) in an action in order for the court to obtain what is known as personal jurisdiction over you in order to make a determination against you.  What you need to do is to go down to the court houses where the actions were filed and see what happened.  You may then need to seek to vacate the judgements based upon the failure of the court to have personal jurisdiction by their failure to properly serve you.  You are going to need the court to grant a stay on the collection.  Get help.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption