Creditor levied funds from checking account without proper notice of original complaint.
A creditor got a default judgment against me and levied funds from my checking account. However, I was not properly served with the original complaint and am now filing a Motion to Vacate judgment (for lack of proper service). As mentioned, the creditor already has the funds in their possession. If my Motion to Vacate is successful, must I file another request with the court to get the funds back from the creditor? Or would I need to demand the return of the funds in the Motion to Vacate, and then try to collect the funds through garnishment, levy, etc, as in any other judgment, if the Motion is successful?
