Writ garnishment to be vacated

Submitted by cherished on Tue, 01/15/2008 - 17:16
Forums
Credit repair

I received a writ of garnishment from a judgement granted in 2004! it is a providian charge off bought by unifund. I was never served as the address on the warrant was bogus! it was in fact the address of a supermarket, yet process server swore i was served!, also this is an old account the DOLA is 2000, can this be vacated?

Laura

Hi Cherished,

Welcome to the forum. Which state do you come from? I need to know the SOL.

Wed, 01/16/2008 - 06:33 Permalink
cherished

Hi Laura:

I'm in Michigan. I guess I was wondering if the default judgement can be vacated. I just hired an attorney today and I pray he's able to do me some good.

Wed, 01/16/2008 - 06:48 Permalink
Morningstar

I would imagine that having the judgment vacated will depend on the issue of service, and not SOL. SOL is an affirmative defense that must be raised in court by the debtor, in order for it to be successful. If your attorney can successfully challenge the service, then you may see the judgment vacated. Do you have any connection to that address (grocery store)?

Fri, 01/18/2008 - 12:52 Permalink