Macomb, MI asked in Collections for Michigan

Q: I got a writ of garnishment in the mail and I can not contact the creditor. They but dialed me but ignore my voicemails.

I don't know what it is for and they are about to take money from me for I don't know what. It is from VA and I haven't lived there for six years. It looks like it is about an apartment complex in Hopewell VA but I never had an apartment in Hopewell. What am I supposed to do since I can not find out what is going on????

Related Topics:
1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: On the paperwork received, there should be a case number and court identified. Contact that court to find out what's going on. If they are garnishing, that means they already have a judgment against you (a court order that you owe them money) - it's likely a default judgment (entered after notice was given but you didn't respond). Please keep in mind that it's common for a long period of time to occur between judgments and collection actions, so the judgment you're actually looking for could have been entered six years ago.

If they have a default judgment against you, it's unlikely whomever is garnishing now (and it could be a different entity since debts are often sold or assigned) will be very motivated to settle; you carry the burden of convincing the court to set aside the judgment - which is not easy and requires more than just "I didn't know about it", and they now obviously know where they can get their money unless or until you are able to do something about it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.