Before having retained me, ABC Company had been sued by another company which had obtained a default judgment against ABC. That company then issued a garnishment against ABC’s bank account. The bank removed $9,900.00 from ABC’s bank account and sent it to the court in compliance with the garnishment order. ABC then called me.
Because ABC had not been served with the Plaintiff’s Claim properly under the rules and had not received the Plaintiff’s Claim, and because ABC had a good defence to the claim, I was successful in having the court set aside the default judgment and in having the court allow ABC to file a defence. Additionally, the garnishment money of $9,900.00 that had been paid into court was to be held by the court and not paid out to the Plaintiff pending the resolution of the case.
Because the Plaintiff’s claim was partially valid, the two parties came to a voluntary settlement without the need for a trial. ABC agreed to pay to the Plaintiff $5,750.00 which it did owe and ABC received back from the court the sum of $4,150.00. The need for a costly trial was avoided.
If you become aware of a judgment against you that you did not know about, call me right away. You have a limited amount of time and must act promptly upon becoming aware of the judgment to take steps to have that judgment set aside.
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To request a consultation with A. Perlman Paralegal Services call now (519) 943-0590, (416) 399-4826 or complete the following form.