Mineral, VA asked in Consumer Law for Virginia

Q: I currently have a garnishment. I missed the first court date due to the creditor had the wrong address.

I owe the money, but can the garnishment be stopped?

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1 Lawyer Answer
Robert R Weed
Robert R Weed
  • Annandale, VA
  • Licensed in Virginia

A: If you can PROVE to a judge that the papers for the first court date went to an address that you can PROVE you didn't live at during that time, then the judgment is not valid and they need to start over.

Virginia Judges are not quick to throw out bad judgement. Also the Judge is likley to ask you whether you owe the money and turn you down if you say Yes, although constitutionally that Judge should NOT do that.

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