Full question:
My x-wife's son forged my name as borrowwer on a school loan. They are now garnishing my pay. What can I do?
- Category: Debts and Credit
- Date:
- State: Massachusetts
Answer:
The answer will dpeend on all the circumstances involved, such as whether you received notice of a lawsuit for the debt and whether a default judgment was entered. The court issuing a writ of garnishment on a judgment has inherent power to grant relief from such garnishment by vacation of it or vacation of any particular step taken under it. Irregularities as to the judgment or writ of garnishment may constitute sufficient cause for vacating a garnishment. However, there is no absolute right to have a garnishment vacated on the ground of defects or irregularities in the proceedings unless it is shown that a material injury has been caused.
Vacation or quashing of a garnishment is obtainable, in a proper case, on motion, or by petition and rule to show cause why the garnishment should not be set aside, in the court from which the writ of garnishment issued. All persons whose interests may be affected by the vacation should be made parties to the proceedings. A proceeding to vacate an garnishment is one at law for the granting of judicial relief by the court from which the writ of execution issued. Please see the links to the forms below.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
