Danville, VA asked in Contracts for Virginia

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!!!!

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1 Lawyer Answer
Thomas H. Roberts
Thomas H. Roberts
  • Richmond, VA
  • Licensed in Virginia

A: 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.

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