Summons on Friday

[jb8849]

UTAH: Background-I'm a single mother and have received little child support over the last seven years. Sometimes, I paid rent and other bills didn't get paid so we wouldn't be street.

I have to appear for a summons on Friday. It is in regards to a judgment for a revolving credit account with a furniture store. First, I never received notice of a hearing and only found out about the judgment when they tried to garnish my wages (over a year after the judgment date). My former boss was an attorney and he refused to honor the garnishment because it was poorly prepared and didn't reference his company correctly. Is there some way that I can contest this garnishment since I never received notice of the small claims hearing?

Second, I purchased a scratch/dent washer and dryer with cash from the same company about the same time that the judgment was obtained. The washer and dryer were more than defective and junk! They were supposed to be "reconditioned" but they lied. Can I somehow use this at the summons or file a counterclaim?

Any help in this matter is appreciated. Thanks in advance.

 

[Lawswammy]

You aren't informed of the hearing date for a judgement because it is not an open proceeding. In order for a creditor to reach the stage of obtaining a judgement, it was made evident that you weren't paying your bills. You will be bound by the terms of the judgement. Unfortunately the washer and dryer will do nothing to help this late on. You should have handled that issue when they were first purchased.

 

[JETX]

"You aren't informed of the hearing date for a judgement because it is not an open proceeding."
*** Where the hell did you get that idea!!! Clearly, you have NO legal knowledge or experience!!
Ignore 'lawswammy', his 'legal knowledge' is swampy!!!

"Is there some way that I can contest this garnishment since I never received notice of the small claims hearing?"
*** Yes. You are going to need to review the casefile for the judgment. Get a copy of the judgment and a copy of the 'notice of service'. You are required to have been noticed of the lawsuit prior to the judgment. The notice will state what notice was given, how and by whom. Then, with that information, you are going to have to review to see if the claimed notice was valid in accordance with your state laws. If you were NOT noticed or not properly, you will need to file a "Motion to Vacate Judgment" with the court. The court will set a hearing that you must attend and explain how you feel you were not noticed of the lawsuit. If the court agrees, they will set the judgment aside. Once set aside, the garnishment, etc. all go away. The creditor could refile the lawsuit again, but you would be able to present your defense. Oh, and no, the fact that you were unhappy with the appliances and didn't pay is not a defense.

 

[stephenk]

Do you mean you need to go to court for a judgment debtor hearing? The judgment has already been entered, right?

 

[jb8849]

Yes, the judgment has been entered and the summons is technically called a "Motion and Order in Supplemental Proceedings" concerning non-exempt property.

I'll be following up on JETX's advice in the morning. I'd like to see the "Notice of Service" because I know that I never received one. The plot thickens ....

 

[Ladynred]

What they're doing there is pulling you in for a debtor's exam. They're looking for any non-exempt assets they can sieze from you.

 

[jb8849]

I have been reading various things and figured that's what they're doing. However, I don't have any assets - just bills and children. I don't feel the issue has been handled properly with service, etc. I think the lawyer is suspect at best. I'm in the wrong and they're in the wrong. So, are we both right now?