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Question
my wife had a judgment in 2000. Last year she got a written garnishment against her salary & bank account. We filed a motion to vacate the garnishment & we won because the plaintiff did not show up. Now they filed a motion set aside that decision so we have to go to a new hearing. can they win without presenting in the record the original promissory note, the ledger, the testimony of a competent fact witness?
They apparently already have a judgment so they have already won. The garnishment is a totally separate issue. If you wish to appeal the judgment you will have to have a good reason. But if they already have a judgment and they have appealed the decision to set aside the garnishment they will probably win their case. It may be too late to do anything about the judgment. You may want to seek legal counsel before proceeding.
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Answers by Expert:
Michael Brotherton
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
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