Q: hi, there was a suit filed against me and an affidavit of personal service on 2/04/16. i never received the service and
a default judgment was rendered and now a petetion for wage garnishment. i contacted the sheriffs office and the officer couldnt remember actually serving me so the supervisor reissued on 1/03/2017. Is this grounds to vacate judgement due to improper service
A: If you can prove that you were not served, then you have a basis to vacate the judgment (and stop the wage garnishment). The re-issuance on 1/3/17 does not necessarily mean that service was made in 2016. Proof of service at the time of filing the complaint should control. Since there is a petition for wage garnishment, you should hire a lawyer to oppose the petition and vacate the judgment.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
