Q: How do I file a motion or petition the court to order a stop garnishment from a creditor where I wasnt notified of trial
It has been a few months of garnishment, as I review the trial notes online there were several dispositions entered stating they were unable to reach defendant. I don't understand this because I have been in court and updated address info several times for other trials. The statue of limitations seem to have expired for a car rental contract as well.
A: You may be too late to file a motion to vacate the judgment if you let a few months of wage garnishment pass before acting. There is a requirement that a party act diligently once they become aware to set aside a judgment that was entered without proper service. If you knew of the pending case before judgment was entered, then you probably are out of luck.
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