Legal Question in Credit and Debt Law in Indiana

Garnishment & Bankruptcy

I received a notice regarding a Garnishment hearing regarding a judgement against me. First of all, I never received a summons for the judgement against me. Second of all, the Judgement is for 3 times the amount of the amount I owe of $4910. Is there any way to fight the judgement against me? I am willing to arrange payments for the original amount. If the garnishment goes through can I file bankruptcy to get rid of any garnishments or judgements against me?


Asked on 7/22/04, 9:46 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Garnishment & Bankruptcy

In Marion County and other places around Indiana, the process servers get away with Knock N Leave service, which often means Toss N Leave, so the chances are that you were "served" with the summons, but it blew away. What to do now? You should be able to get the court to set aside the judgment by filing a motion to set aside default judgment. Explain why you didn't answer the complaint and why you don't owe that much money. As for bankruptcy, the judgment will be dischargeable in bankruptcy if it is not for one of the nondischargeable items, like child support, taxes or student loans. Most bankruptcy lawyers, including me, offer a free consultation to explain the benefits and downside of a bankruptcy case in your particular situation. Let me know if you're interested so I can send you a worksheet. Good luck.

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Answered on 7/22/04, 3:25 pm


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