Legal Question in Credit and Debt Law in Arizona

A junk debt buyer bough an old Bally's fitness membership that I know I had cancelled in 2000. They then proceeded to file a judgment in 2006, and I was never served, so I had no idea. They were awarded the judgment by default. I then got sent by my bank a writ of garnishment, which I answered "debt not valid", and also filed a motion to challenge the validity of the debt, with a request for copies of evidence in file. I have not received these items yet (I am in a different state) and looked on the docket to find I have a garnishment hearing this week. What do I do? What are my rights, and is there any way to reverse the judgment?


Asked on 11/13/10, 6:18 pm

1 Answer from Attorneys
Richard Groves Law Office of Richard Groves

You can move to vacate the default judgment on the grounds that there was no valid service upon you, making the judgment void; however, you cannot get it done "this week".

You should IMMEDIATELY retain an attorney to represent you, to request a continuance for the garnishment hearing, and to obtain copies of the documents in the case file to review.

Read more
Answered on 11/18/10, 6:45 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Arizona