Birmingham, AL asked in Civil Litigation and Collections for Alabama

Q: My creditcard company(Discover)is preparing to sue me.Can I be sued(wages garnished,etc) if they are unable to find me?

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1 Lawyer Answer
Kevin M Ryan
Kevin M Ryan
Answered
  • Collections Lawyer
  • Loxley, AL
  • Licensed in Alabama

A: After a reasonable attempt to locate you for personal services of the Summons and Complaint, and after filing an Affidavit with the Court verifying that you are not deployed on United States Military Service, the creditor can file a Motion with the Court for permission / authorization to "serve" you via Publication, and then move forward against you, absentia. You'll find out about the judgment later when the creditor garnishes your wages or attaches your bank account ( a bank attachment post judgment does not require any advance notice)

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