Q: CAN I HAVE A JUDGEMENT VACATED IF THEY SERVED PAPERS TO A WRONG ADDRESS OR FILE A CLAIM HARDSHIP?
MOVED OUT 8/15/18. SUMMONS WAS SERVED ON 8/28/18 ACCORDING TO THE ONLINE MD CASE SEARCH. NEVER RECEIVED DIRECTLY. HEARING/JUDGMENT WAS ON 10/29/18. I, OF COURSE, WAS NOT THERE SINCE I WAS UNAWARE. WRITS OF GARNISHMENT FILED FOR BOTH PROPERTY AND WAGES HAVE FROZEN MY ACCOUNTS. THIS IS HOW I FOUND OUT WHAT HAS BEEN TRANSPIRING BEHIND THE SCENES. FACING HOMELESSNESS FOR ME AND MY FAMILY, I AM DESPERATE.
A: (1) File a motion to vacate based on lack of service, explain the date you vacated and that the affidavit of service shows delivery after that date and that you never were served or received actual notice of the complaint against you; and
(2) immediately file an objection in writing to each writ of garnishment, and serve a copy on all parties (including your employer and bank), setting forth both your pending motion to vacate judgment for no service, and in the alternative, claiming your personal exemption against garnishment of assets (other than wages) up to $6,000 pursuant to Maryland Courts and Judicial Proceedings Code Section 11-504(b)(5).
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