Hatten v. Avco Financial Services, Inc.

Nichols, Justice.

On August 11, 1972, Avco obtained in the Civil Court of Fulton County a default judgment against Dorothy Hatten. Later the plaintiff sought to garnishee her wages.

Thereafter, on February 14, 1973, the present complaint was filed in the Superior Court of Fulton County by Dorothy Hatten, in which she sought to have the default judgment set aside and the garnishment proceeding in the State Court of DeKalb County stayed because of a failure of service in the original action wherein the default judgment was obtained.

Service was perfected in the original action by leaving a *772copy…