[Rcrand03]

For almost the last year my mom has had her wages garnished as a repayment for a loan she co signed for me, which resulted in reposession. Today I was served with a summons and complaint. I called the lawyers office to see if I could make payments to them. He told me since I already had a judgement against me, and a garnishment, there was nothing I could do about making payments. There has not been a judgement against me, my mom was the only one sued. He said we were one in the same. He also told me there was nothing I could do to lower the garnishment, except pay off the debt. He says there were 10 payments made by garnsihement, however for the last 11 months my mom was paying over 300 a month, bi weekly. He told me this when I asked for a copy showing the payments made to the account, since the papers I was given only showed history to when the car was repoed.

When I called, I asked for the lawyer by name. The man who answered then asked me for my acct. number. He had to look it up, since the papers I was served with did not show anything in the top left boxes. I believe that was the lawyer info, nor was the case number filled in. At the end of the conversation, I asked him his name, since he kept talking in circles, and did not seem to know anything about the case. He said his first name. When I asked him what his affiliation with the company was, ie, lawyer, paralegal etc, he said employed by the law firm. I then asked him straight out if he was a lawyer, he said not yet. This leads me to believe he may not be giving me the correct information. So, here are my questions:

1. Is there a judgement against me, and if so, why am I now being served a summons and complaint. How can there be a judgement if I did not go go to court? Does this mean I do not have to go to court, if there is already a judgement?
2. Is there anything I can do to avoid my paycheck being garnished? Is it true that since my mom is being garnished, I can not make payment arrangements?
3. Why would he be evasive about who he was, and lead me to believe he was in fact the attorney I had asked for?
4. What do I do now? I have 21 days to respond, but I dont know what, or how to respond.
Thanks so much for any help anyone has to offer.

[aaron]

From what you have stated there is no judgment against you, but you are being sued. If you do not appear and defend yourself in the lawsuit, you can expect to be defaulted. There are instructions on the summons.