Someone has garnished moneyfrom my savings account. I never recieved a summons or notification. Do I have any way to get some of my savings back? I
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Someone has garnished moneyfrom my savings account. I never recieved a summons or notification. Do I have any way to get some of my savings back? I
Garnishment without notification, complete garnishment of wages, leaving someone without food or rent income.
Asked on May 18, 2009 under Bankruptcy Law, Colorado
Answers:
LAR, Member CA State Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
The situation as you describe indicates that you were denied "due process of law." That is, you are being deprived of property without having notice and the right to be heard before a court of law.
This sounds like you were sued in a small claims type of court in which service of papers is made by mail and if the mail is not returned, then you are considered "served." If you have changed your address and the mail did not go to where you are currently residing, you have a good defense but you have to prove that you were not properly served.
The first step is to find out who garnished the money. The bank can put you in touch with the requesting garnishor. Find out the court where a judgment was entered that enabled the levy on your bank account to be processed. You can then make a motion to the Court to vacate the judgment based on improper service and proceed to defend your case if the court finds your position has merit.
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