Legal Question in Civil Litigation in Maryland

Non process of service

My husband and I are currently having our wages garnished and there is a lien on our house due a deficiency judgement. A few days ago I went to the court house and obtain a complete copy of my case file. There is no process of service anywhere in the file. They waited 14 months between the time the ratification order was done before they went back to court but they never had the case reopened. We moved around the same time they sold the property so everything in the file has a 2 and a half year old address. Because of the expired address we never received anything in regards to this case after the foreclosure even a notice the court sent to us had that old address and the envelope they sent it in was in the file stamped returned attempt unknown. I have talked with a lawyer who imediatly contacted their lawyer. They agreed to have the judgment reversed and they are returning the money from the garnishments but they do plan on refiling the suit. My question is what is the likelyhood of a judge dismissing the case?


Asked on 8/30/04, 4:26 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Non process of service

Enforcement of the lien and any reversal is based upon equitable considerations. Action taken against you outside of court order may be recoverable. The initial debt, be it liquidated or through judgment, may not be avoidable. You should contact an attorney. (410) 799-9002 or return e-mail.

Read more
Answered on 8/30/04, 7:49 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Maryland