Garnishment Question (State of Missouri)?

Question

I was not notified of a court date for a suit on a credit card. the trial cominced and a default judgement was given against me. What I want to know is if I can file a claim to stop garnishment, since i was not notified of said suit. I found out through a traffic check of my name and this case popped up. I know for a fact that i did not receive a summons, because i gave birth on the 27th of May and I was in the hospital (practicly living there)with my son until the 10th of June. If i had of receive this summons, I d**n sure would have went to Court. Please if anyone knows how to reverse or set aside a judgement like this, I would greatly appreciate your advise.

Answer 1

In most states (including Missouri), the plaintiff can not go to court unless it can be proven that you were properly "served" with a summons/complaint.  

In Missouri, it is not necessary to hand the summons to you personally.  It can be mailed to you by certified mail.  The green receipt card proves you accepted it.

Or, it can be delivered to your residence and given to a member of your family over the age of 15 years old.

If none of these happened, then you need to find out just how they claim you were served.  

Be aware that there are a lot of collection agents who falsify the service papers.  The last thing they want is for you to show up in court, and if they can fake the service you won't know until you get your wages garnished.  Just like now.

So trot down to the courthouse and request to see a copy of your court papers.  They are public documents and they must allow you to review them.  Copy fees may apply if you want a copy of them...but pay it anyway!

In the file you will find a paper titled something like "proof of service".  On it will contain the person who served you, the time, place and person who was serviced.  

If it should say that you were personally served at home...and you can prove you were in the hospital at the time.....then there is a process server out there looking at a huge fine, civil action, and maybe even jail time.  

The judgment will be vacated, and you will not be garnished unless they file another lawsuit against you.  Pay it off with the money you will win from your civil action for filing false court papers.  

Answer 2

you can check the court records at their office to see how they claimed service was made.  this has to be a part of the court file.  if the "service" was fraudulent or non-existent, then you file a Motion to Set Aside Judgment for that reason.