Tacoma, WA asked in Consumer Law and Collections for Oregon

Q: I got notice in the mail that I am going to be garnished, I never got served papers but they claim I did, what can I do?

How do I dispute this? I never got served papers, but when I called them they said someone answered the door and said they were me, I work during the day so I know for a fact I didn't receive any papers. So the person who "served papers" lied, cause I never got them. Do I have a legal case?

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1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
Answered
  • Consumer Law Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Likely not - if you have some adequate grounds to dispute the validity of the Writ or the amounts being garnished, then you have a time frame to oppose it in court. If you haven't filed within that time frame and the Judge believes you were not timely served with the Writ, he/she might extend your time frame to object to it. But I don't see what claims you might have otherwise. They simply give you another set of the paperwork and how are you damaged? Besides, I don't know what you mean when you say you received notice of the Writ - the Writ can and normally is mailed to you rather than personally served, at least in Oregon where you have posted this (you are listed as being in Tacoma however...).

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