Q: Can I fight a judgement from 2015 I knew nothing about? I was never served!
I got a car in Mar 2014. The car broke down Aug 2014, almost killing me so I gave the car back to the dealer. They put a judgment against me in 2015 that I knew nothing about, I was never served! Now there is a garnishment case Dec 2022! What can I do? Can I even fight the judgment anymore? I’m in VA!!!!
If the judgment was obtained without proper service, then you may ask the court to declare it void, in violation of due process. You should go to the clerk's office where the judgment was taken, and examine the file to see how service was reported. If for example it says they served you at 1110 Easy Street, Nowhere VA but you can prove you didn't live there at that time, then you should file an action with the court to declare the judgment void ----- if you fail to challenge the judgment in the garnishment proceeding, the garnishment order may create a final judgment and act to prevent your ability to challenge it in the future --- the law is not kind to those who sleep or sit on their hands. GET A LAWYER (after you get the information from the clerk's office to take with you to the attorney's office). There are other issues that will need to be addressed even if you get the judgment vacated.
The response above is a general statement of law and is NOT intended to be legal advice to you nor does it create an attorney-client relationship which is expressly denied.
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.