Legal Question in Civil Litigation in California
I have a garnishment against me just found out about it two days ago is happening to 2005 which I did not know they had a legal lawsuit against me at the time I just found out about it two days ago they put a hold on my bank account all I had was the was $36.00 in the checking account but the garnishment for $8000 what should I do ?
2 Answers from Attorneys
If you just found out about the lawsuit you may still be able to bring a motion for relief -- both from the judgment and from the default that presumably led to it. These motions are complex enough that you should get a lawyer to at least assist you if at all possible. If you do it wrong the first time, you probably will not get a second chance.
Note, though, that winning this motion will not mean you win the case. It will simply give you a chance to fight the case as you would have if you had learned about it years ago. You could still lose. And if you do, the judgment may end up being a lot more than the $8,000 you are faced with now.
It's also possible that the judgment isn't really against you and that your account has been mistaken for one belonging to someone else with a similar name. That type of mistake is usually easier to clear up, but you may still want a lawyer to help you.
Get copies of the proofs of service from the courthouse where the case is filed, then go see a competent attorney familiar with civil procedure and the substantive law governing you case. Don't wait, do it today.