Question

[Drsgwld]

My brother in law was injured and went to the hospital in late 09. He was in the process of moving. In 2010, He was called to the Human Resource office of the company he worked for for nearly 5 yrs and was told he was garnished for a judgment. Immediately he called the hospital collections and paid in full. They refuse to remove this from his credit report.

Isn't there laws on failure to notify? They said they had no way of contacting him, but they had no problem finding him to issue a judgment to garnish his wages. I would think his due process was violated in the court system. This happened in Indiana.

What is the biggest kicker, they even have the date of service wrong!

[ezdriver]

Something does no sound right. He would have been served notice for the court hearing which resulted in a summary judgement. He needs to go back to the court and investigate how that notice was served. If the service of notice was flawed, he has a case for requesting that the judgement be vacated ... especially now that is has also been satisfied.

[Drsgwld]

That is what I said! They said they sent notifications, however he was never served. Yet, they had no problem serving him at work by letting him know his check was being garnished!

[Drsgwld]

I told my sister to contact Consumer Finance Bureau and file a complaint. His right to due process was violated!

[ezdriver]

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@Drsgwld wrote:
That is what I said! They said they sent notifications, however he was never served. Yet, they had no problem serving him at work by letting him know his check was being garnished!

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Where was the notification sent? If you don't know, then do as I suggest and go find out. You/they are working the wrong end of the problem.

[ezdriver]

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@Drsgwld wrote:
I told my sister to contact Consumer Finance Bureau and file a complaint. His right to due process was violated!

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Really? How do you know that? A judge will not issue a summary judgement without being satisfied that service was complete. If you can find a flaw in how the service was completed, then you have something to challenge. Until then, making such statements without having proof does not help your relatives and neither is the advice to file a complaint. Let us know how it all shakes out. All the best.

[Shogun]

You need to contact the court to see how you were served and if there's any discrepancy on that.  May not be the fault of the court nor the collection company, it could have been the process server.  Once you see how they claim they attempted to serve you, you could ask for it to be vacated on those reasonings.

[Drsgwld]

It was my brother in law. He was not served for the hearing. He was only served for the garnishment or given notification via his employer.

[Shogun]

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@Drsgwld wrote:
It was my brother in law. He was not served for the hearing. He was only served for the garnishment or given notification via his employer.

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But he still needs to contact the court.  They got a default judgement against him.  That means someone somewhere said they tried to serve him and couldn't so the judgement was granted because no one was there to fight it.  He needs to find out from the court who supposedly tried to serve him and what methods was used.

[Drsgwld]

Is it a reasonable fight for him to get this vacated?