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LVNV Funding won Summary Judgment against my husband

mopleton1 ·

On August 28, 2026 LVNV Funding filed its Motion for Summary Judgment, the Certificate of Service states that it was mailed by US First class mail on August 28, 2026. On August 31, 2026 the judge granted Summary Judgment. I checked the court docket the morning of August 31, 2026 before the judgment had been entered. On September 2, 2026 my husband filed his Opposition to Motion Summary Judgment. On September 4, 2026, my husband finally received the MSJ that was mailed and filed on August 28, 2026.

Question: When should my husband expect to see his wages garnished?

On September 4, 2026 my husband filed his Notice of Appeal in the District Court for the granted MSJ. We are doing our absolute best to fight this because it seems like he did not have enough time to respond. We researched the rules regarding the deadline in which we must file an Opposition against MSJ in the Magistrate Court and we could not find anything.

2 replies

  • mopleton1 ·

    I forgot to mention that we live in New Mexico and there was no MSJ hearing scheduled, but there was a Pre-Trial scheduled, that however, was "canceled-vacated"

  • brian ·

    If you have a written record and theirs and the judge's actions go against the court rules on timing as it sounds like it has, I would file a Motion for reconsideration with a complete record and proof of what you said and its violation of law if that is what happened. Check your state rules first.

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