Legal Question in Credit and Debt Law in Georgia
What do I need to file in court to stop a wage garnishmet? I don't know anything about this creditor, also I was not served any papers stating court dates, garnishments or nothing. The address they is stating I use this card was broken into twice or might have been a family member that has done this. I don't know and ,the law suit filed 2004 and garnishment in 3/2013 . I filed a traverse after going to court everything stayed the same with the default order. What can I do now?
1 Answer from Attorneys
The answer is the same as when you posted a few hours ago on another legal website. In case you missed trhat answer, it follows (you added here info that the garnishment was done 3/2013 and teh suit in 2004, and that means you have waited way too long to get a lawyer, so as stated below, do that Monday):
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A garnishment requires a judgment against you, which means you previously were sued (and lost). You need to do some quick legwork. Spend today checking your credit reports for evidence of identity theft. Go to my page with details on how to do it free and online: http://geaatl.homestead.com/freecreditreport.html .
Monday. Start by getting copies of the police report. Then visit two courts - the garnishment court and the court where the original case was (that will be on the garnishment papers). Get copies of both complete files.
Step three: see a lawyer. If what you say is true, you'll likely need to file both a traverse to the garnishment and a motion to set aside the original case. You also likely will have to address other accounts you find on your credit reports that may not have hit you yet.
Treat this as an emergency. Do not wait a few days. Start immediately.
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