New Member
fsuphi1490
Posts: 4
Registered: ‎01-10-2013
Re: Garnishment was how I discovered a Judgement against me. Need some advice.

As pointed out, depending on your jurisdiction they can "serve" you in several ways.  The most likely they typically claim is personal service, meaning they gave you the summons or gave someon over 18 living with you the summons.  You can find this out by asking the clerk for a copy of the "Return of Service."  The return of service will likely say they left it with you and give a breif description of what you look like, or of the person they left it with that was living with you at the time.  If you are sure they did not leave it with you or the information is vague you can file the Motion to Vacate.

 

In filing the motion to vacate you need to prove the reason you did not answer the original lawsuit was due to mistake, inadvertance, excusable neglect, suprise, or fraud.  Obviously if you were never served suprise would be the one to go with.  You would point out the factual circumstances around why you do not think the process server actually served you papers.  You would file that with the court and send it to the plaintiff's attorney (which is another thing your post raised, Dynamic Collectors must have an attorney working for them they likely cannot file garnishment paperwork on their own being a company).  After filing and sending to the Plaintiff, set the motion for hearing with the judicial assitant (get the number from the clerk).

 

Go to the hearing make the argument.  Typically, the judge will ask you why it took so long to file the motion if you have been paying the garnishment for so long.  This is going to be your biggest problem.  You need to file the motion to vacate as soon as you discover the case, not after the sol of another.  But, if you can explain something about being confused as to which debt this would have been for or something else you might get by.  Once the case is vacated you then need to defend the original case.

 

Either way, I would dispute all the debts with them.  Further, I don't think they should be able to list the hospitals.  I haven't dabled much in HIPPA and FCRA yet, but would assume that naming the hospital would be a violation.