Legal Question in Business Law in Missouri

Judgement without being served

I just received notice of a garnishment against my company checking account from my bank in favor of a telephone directory. We are open daily and never received any kind of notification or summons.

What obligation is there to serve you with a summons in order to defend yourself? What are my options to fight it now?


Asked on 5/26/05, 2:23 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Judgement without being served

Your post says that it was a "company" bank account that was garnished. Is this "company" a corporation? If so, then service of the lawsuit and summons would have been made on the registered agent at the registered office for the corporation, not necessarily at the corporation's place of business. It is the registered agent's duty to get the legal papers into the hands of the officers of the corporation.

We really can not tell too much from the information in your post, but generally speaking there is a legal procedure under which you might be able to file with the Court a "Motion to Quash" the garnishment based upon the fact that there was no legal service of process in the underlying lawsuit, and therefore the garnishment is improper. Please take the time to consult with an attorney in your area. If you are not represented by legal counsel and you are in the Eastern half of the state, you may call me for a free telephone consultation at 314-727-2822.

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Answered on 5/26/05, 4:36 pm


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