Legal Question in Credit and Debt Law in Virginia

Re: Break of apartment lease

YES, you are supposed to get notice... except.

No one can garnish anyone without first winning

a lawsuit against them. Therefore, there must

have been a lawsuit (on a Warrant in Debt form

which is a short-cut format for a lawsuit).

The Warrant in Debt must have been 'served' at

an old address where you used to live. For

a lawsuit to be valid, you must be 'served' with

the lawsuit. However, Virginia allows the

lawsuit to be 'posted' on your door where you

live. The TROUBLE is that frequently people have

moved, and it is NOT the door where you live any

more.

You need to go to the court and examine the

court file. Look to see what address was used

for the lawsuit. If you did not live there AT

THE TIME that the lawsuit was 'served' there,

you can file a MOTION TO VACATE the judgment.

However... you have to be prepared to show the

judge that not only (a) you did not live there

at the time, but (b) a reasonable person could

have DISCOVERED your actual address if they had

bothered to loook. (For example, they could have

asked the post office for your forwarding address

or looked you up in the phone book. Be creative.

Don't give up easily on this one. Give it some

thought. Or, if it is obvious that you did not

live at the old address any more, that works,

such as they used the address where they KNEW

you had moved out.)

As a result, the judgment can be vacated, and

made null and void. (The risk is that the

case might then be set for trial and you will

have to argue against owing the money.)

A garnishment can only happen after a judgment

is entered. There again you must recieve notice.

The fact that you did not receive notice indicates

that they are using your old address and do not

know your current address.