Landlord Judgment Garnishment Issue

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Summary

A landlord in Elmira, New York, won a judgment and is garnishing wages despite improper summons. New York law requires proper notification for court cases. If a party wasnt properly served, they might be able to vacate the judgment. The affected party can file a motion to vacate the judgment due to improper notice and consult with a local legal aid organization for further assistance. Specific local laws may apply differently, so seeking local legal advice is recommended.

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so me and my ex split up and she was on the month-to-month lease in the landlord summons me to court at my new address and she was never summoned. I missed court. The landlord won the judgment, but is now trying to garnish her checks, even though she was never summoned to court.
In which location did this situation occur? It's important to understand the local laws involved.
elmira New York.
I understand your situation. New York law states that:
- Both parties must be properly notified for a court case.
- A landlord may garnish wages to collect unpaid rent, but only after obtaining a court judgment.
- If she wasn't properly served, she might be able to vacate the judgment.
It's recommended to seek local legal assistance.
She called the court, and the judge told her that there was nothing he could do.
I understand your concern. In this case, she can potentially:
- File a motion to vacate the judgment, given improper notice.
- Consult with a local legal aid organization for further assistance.
Remember, while this advice is generally accurate, specific local laws may apply differently.