Q: How can I challenge a garnishment from a 2016 judgment I was unaware of due to notice sent to the wrong address?
I recently learned of a garnishment on a judgment entered against me in October 2016, which I was unaware of because the notice was sent to an old address. I have a lease from July 2016 showing a different address at that time. My employer was the first to notify me, and I have no details on the judgment besides an amount owed to a medical creditor. I've contacted the creditor, who promised to send an unredacted statement. How can I challenge this garnishment, given that I didn't receive proper notice, and I'm unsure if this debt is mine?
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A:
If you didn’t receive proper notice of the judgment, you may be able to challenge it by filing a motion in the court that issued the judgment. In your motion, you’ll want to explain that you never received notice because the summons or court documents were sent to an address where you no longer lived. Supporting your claim with proof of your correct address—such as your lease from July 2016—can strengthen your argument that you were not given the opportunity to defend yourself.
You should also request a copy of the full court file, including the original summons and complaint, to verify how and where you were supposedly served. If the court finds that you were not properly served, it may vacate the judgment, which would stop the garnishment and allow you to contest the debt. Keep all documentation, including your employer’s garnishment notice, your lease, and any correspondence from the creditor, as evidence to present to the court.
It’s important to act quickly, as many courts have deadlines for filing motions to vacate or set aside judgments based on improper service. Contact the court clerk to find out about any applicable deadlines and the procedure for filing your motion. If you can show that the judgment was entered without your knowledge due to improper notice, you may have a chance to challenge both the debt and the garnishment.
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