Expert: Apex Credit Services, LLC - 1/6/2008

Question
Last year I was shocked to receive a paycheck with a large chunk missing. It turned out I was being garnished for a credit card that I had no knowledge of opening 6 years ago. My company provided me the court order. Prior to that I had received no notice or summons. By the time I received the documentation it was too late to dispute anything. Originally the card account was opened in California. 6 years later I was being garnished in New Jersey. (Not sure if that makes a difference). Having no phone, the inability to call long distance, there was little I could do. The loss of funds put me in a financial crisis.
I finally spoke to the lawyer involved right before the garnishments were about to be completed. He suggested I pay off total he had not received from the courts $2300 and he would notify the court who would then refund any money they were still holding.
Is there any way at this point to recover anything as the card was never mine in the first place?

Answer
Sheila:

    Unforunately, there is little that can be done at this point.  I hate to be the bearer of bad news but, that is the truth.  

    The most feasible step is to file a Motion to Vacate.  This is a motion to vacate the underlying judgment and it must be filed in the court where the judgment was granted.  The premise for your requested relief is defective service of process or the total lack thereof.

    I will warn you that these are rarely granted but, it is you only chance.  Otherwise, you may consider taking the deal you described.

             Apex Credit Services, LLC