If I was recently garnished by a large lender but did not get a subpoena to court, is there anything that I can do?
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If I was recently garnished by a large lender but did not get a subpoena to court, is there anything that I can do?
I went back to court yesterday and got a hardship exemption but I have learned the subpoena was given to my ex-girlfriend who in turn called the lender and told them she got the subpoena and wasn’t going to give it to me the reply from the lender was “good that wall make this easy” they also talked about my loan and she told them the vehicle I used for collateral didn’t run (a lie) should they have continued knowing I hadn’t been served and should they have been talking about my loan to my ex?
Asked on August 24, 2010 under Bankruptcy Law, Oklahoma
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Ok so you already have a judgement against you? You were served with a summons and complaint and have appeared in court about the debt or defaulted on the notice? And then you were served with a subpoena as to assets and employment that was served - you say improperly - on your ex instead of you? And they apparently asked her inappropriate questions? You need to get some help from a credit counselor who can piece this together by looking at the facts. Generally, a creditor can not ask inappropriate questions of someone else about the status of your financial situation. They can only ask about locating you and they can only (generally) ask once of the same party. As for the service issue, do you still have her address on your legal documents such as a drivers license? Then that is why they served you there but if your ex told them that you did not live there then you are correct: they should not have proceeded, but again, they had a right to if your legal address stated as such. Get help.
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