I have default visualisation in NYC for credit label debt. How do we understanding with this?
Colin K asked:
I was never served for the complaint. As the outcome visualisation was served. we never found out until my paycheck was garnished. Can we competition this? If so, is it the rubbish of time (I’ll have to compensate in the future unless i infer temperament theft)? Can we get it vacated, afterwards try to come to terms the settlement? How about dogmatic ch thirteen bankruptcy?
I was never served for the complaint. As the outcome visualisation was served. we never found out until my paycheck was garnished. Can we competition this? If so, is it the rubbish of time (I’ll have to compensate in the future unless i infer temperament theft)? Can we get it vacated, afterwards try to come to terms the settlement? How about dogmatic ch thirteen bankruptcy?
It should always be a matter of concern when wages get garnished without any prior, advance notification. Wage garnishments cannot come out of the clear blue sky and debt collectors (nor banks) cannot assess garnishments on their own. Only a court can do this…..A process has to be followed: Officially serving you a summons….this is usually done by a sheriff. A court date is established and on that date you face your creditor. If they win and a judgment is assessed…only THEN they can garnishments occur.
Many bottom-feeder debt collectors have figured out that if they “accidentally” serve you a summons to an old/incorrect address where they know that you won’t be there…..that you will be a “no show” on the court date because you weren’t aware of it…..Then…. boom….an automatic default judgment is assessed against you. This is how garnishments occur out of the clear blue sky. When the time comes to assess the judgment, they have no trouble finding your “real” address.
It is illegal to deliberately serve someone at an incorrect address. This tactic is called a “sewer service” summons delivery. If you can document that you were improperly served, you may be able to get this judgment vacated. The Attorney General of your state, Andrew Cuomo, recently cracked down hard on this practice:
Go to the clerk of the court of the court that granted the judgment. You want copies of all documents in the case against you. You want to examine the ‘proof of service’ documents to determine who/where service is claimed to have been performed. File a motion with the court to have the judgement vacated because the plaintiff improper serve you
If you are sure that you were not served: Send a letter via certified with return receipt (Not regular mail) to the law office and state: I am requesting official validation of the alleged summons that was served to me, to include:
- The full name of the person who served the summons
- The full name of the person who signed for the summons
- A copy of delivery notice showing the signature
– The exact address that the summons was delivered to – The date and time of delivery.
Receipt of this letter is being officially time stamped by the USPS. Refusal to validate will be documented.
wage garnishments does not take place in a single step or a day creditors themselves cannot do this it is done by the court and it is a big process in my view.a summon will be served to you,a court date will be established on that day you will face the creditor in the court if they win the judgment then only they will have the right to garnish.sometimes the summon may go to incorrect or wrong address where you are not present then it will cause “no show” on the court date because you were not aware of it then a judgment against you might be assessed it is illegal to serve someone at incorrect address this is known as sewer service if you are successfully proved that you are not served then you can vacate the judgment
i hope it may help you in finding little more information