Q: A creditor has filed a garnishment petition against my husband and I's bank account for an old debt of my husband's.
The debt is from 2011. We have received the lien request and also the garnishment directly from our bank. We have not received any summons from the court giving us the information (I had to find it online). Can they take us to court on this old debt? Are they not required to serve us - either by individual or certified mail? What an we do to halt this proceeding and act in our own defense? We live in CA now, but the old debt is from a lease issue in the state of Virginia. At most, we'd be willing to settle for a lower amount but we are looking to get it dismissed but the hearing is in Virginia.
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- Answered
A:
In California, a creditor may garnish a bank account with a valid court order, which is typically obtained after a judgment has been entered against the debtor. The creditor must provide notice of the garnishment to the debtor by personal service, mail, or overnight delivery. The notice must include information about the debtor's right to contest the garnishment and instructions for doing so.
If you have not received a summons or notice of the court proceedings, you may be able to challenge the garnishment on the basis of insufficient notice. However, the laws regarding service of process and notice requirements may differ in Virginia, where the original debt was incurred.
You may want to consult with an attorney in Virginia to discuss your options for contesting the garnishment or settling the debt. The attorney can review the details of your case and advise you on the best course of action.
The statutes regarding garnishment proceedings in California are covered under California Code of Civil Procedure, sections 706.101-706.112, and also under the federal Consumer Credit Protection Act (CCPA), 15 U.S.C. §§ 1671-1677. The specific statutes related to your situation, including requirements for service of process, will depend on the particular circumstances of your case. It may be best to consult with an attorney in Virginia or California who has experience in debt collection defense and garnishment proceedings.
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