"Generally, yes, because of the Full Faith and Credit Clause of the Constitution of the United States--which requires all states in the union honor the judgments of all other states. However, as noted in Mr. Eisenberg's correct answer, each state can require adherence to their own relevant procedural laws, as long as the state law does not transgress the Full faith and Credit clause."
Ronald J. Eisenberg's answer It depends. Was the judgment issued through a Missouri court or a Kansas court? If it was a Kansas judgment, was the Missouri attorney counsel of record in the case? If it was a Kansas judgment, has it been registered here in Missouri? If it was a Missouri judgment, then a garnishment may be issued through the Missouri court and served on the garnishee in Missouri.
Ronald J. Eisenberg's answer That company is a debt buyer. It likely purchased the right to sue you by paying pennies on the dollar on the debt. Contact a local consumer attorney. Any Missouri attorney can log on to casenet and review the documents filed in the case. You might have a good defense to the suit or you might be able to negotiate a settlement. If you simply ignore the lawsuit, a default judgment will be entered against you and it may be for a greater sum that what you believe you owe, assuming you owe...
Ronald J. Eisenberg's answer You didn't ask a legal question. You did not unconditionally accept the offer but rather made a counteroffer, i.e., you would pay if they produced the original contract. I don't know whether they responded by validating the debt, even if the document was not what you requested.
You could look into whether there was an FDCPA violation, but in terms of pure contract law, you didn't form an agreement to settle with the debt collector. Of course you should show up at court and defend...
Ronald J. Eisenberg's answer Welcome to the world of collections. Getting the judgment is often the easy part. It’s tough to find employment and banking information. The good news is that your judgment is good for 10 years before it will need to be revived and it will accumulate interest. You could try to find a collection attorney to work on a contingency basis.
Ronald J. Eisenberg's answer It would be irresponsible for someone on Justia to tell you what you should do, because we don’t know all of the facts and an attorney shouldn’t advise a non-client. Here are factors you may consider in deciding what to do.
1. How much money is at stake and does it make financial sense to hire an attorney?
2. Whether to show up at court without having been served. On one hand, if you don’t get served, then a default shouldn’t be entered. The plaintiff will then...
Ronald J. Eisenberg's answer Make sure you show up to defend the case. Confer with a attorney. I don’t know the cause of action over which you are being sued. If it’s the Merchandising Practices Act the court has discretion to award reasonable attorneys’ fees to the prevailing party. Take this seriously.
Ronald J. Eisenberg's answer Defendant appears not means that the court has no record of your having showed up at court. So long as a default judgment was not entered against you, I don't think the docketing mistake matters.
Ronald J. Eisenberg's answer In order for a money judgment to have been entered against you the plaintiff must have gotten you served. Go to the court and ask to view the return of service. It could be that a family member of yours over age 15 was served and that service was therefore valid.
Kristen Thurmond's answer Generally, no, unless your funds were already mingled at the time of the judgment. Speak with an attorney who helps with bad debt collection calls or deals with the Fair Debt Collections Practice Act.
Peter N. Munsing's answer If it's a car accident your insurance would handle it. If it's something else it's worth your paying a laywer if needbe for a consultation. Normally people don't get sued if they have no money--it's the insurance people are looking for.
To answer your question, if it got that far, then they can't garnish them but once they are sitting in the bank in most states they can. But you really, really aren't doing yourself a favor by risking this because you "can't afford a lawyer." Most...
Marshall Jason Ray's answer You were caught in the Treasury Offset Program -- TOP. TOP has become one of the primary avenues for states to collect outstanding unemployment overpayments. Generally speaking, this program is legal, as long as the state agency using it follows the various requirements of federal law. Child support arrears are swept from tax refunds through TOP as well. Challenging a TOP sweep is very difficult to do because it typically only happens if the debt is established, final, and past the...
Robert Jason De Groot's answer Well, I think you should look into whether you can get a constructin lien on the property. It might be too late on this particular job, but that might be an available thing to do in your state.
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