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No Proper Service, Default Judgement Entered, Garnishment Started

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  • 02-27-2018, 05:55 AM
    InquisitveMind18
    No Proper Service, Default Judgement Entered, Garnishment Started
    My question involves collection proceedings in the State of: Mississippi

    Apparently, I was sued in the county where the debt occurred and I was served at the old address I lived about 5 years ago. Also, I had contact with this company just six months ago requesting that validation of my debt. The company pulled my credit report, which may suggest my current address was known. Obviously, I was not properly served.

    In November 2017, a default judgement was entered and in January 2018, a writ of garnishment was issued and eventually sent to my employer.

    At this point, given I found out about the lawsuit only 2 days ago, what are my options? The local justice court clerks laughed when I asked about a motion to vacate the judgement and to stop the garnishment.

    Any help will be useful. Thanks.
  • 02-27-2018, 09:17 AM
    adjusterjack
    Re: No Proper Service, Default Judgement Entered, Garnishment Started
    You file a motion to set aside the judgment and quash the garnishment.

    The clerks cannot give you legal advice about how to do it.

    The Mississippi Rules of Civil Procedure addresses that in Rules 60, 61, and 62:

    https://courts.ms.gov/rules/msruleso..._procedure.pdf

    You might be able to find sample motions with Google.

    Or, depending on the size of the judgment, you might want to talk to an attorney.
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