My husband just got a "levy" from a Sheriff's office (but it wasn't sighned) that a garnishment is going to start due to a credit company from an account he never had.
What is a levy?
Shouldn't something have been sent to him notifying him of a court date or something prior to this?
THIS IS THE FIRST either of us had heard of this garnishment or even anything about the debt they say he has. It has not been on his credit reports. The statement also said that there is a hold on an account at a bank that he never had an account with.
How do we go about finding out about these things?\
We always pay our bills (in fact we just got 2 big ones paid off w/in the last 6 months) so why is this happening?
2007-06-19 08:01:33 · 10 answers · asked by Anonymous in Business & Finance ➔ Credit
In order to garnish there has to be a judgement or a specific agreement in your loan. I'd start by calling the clerk's office and asking if there is a judgement; they are going to be the place that stops the sheriff. Sounds like a common name mixup; and the clerk is where you'll need to fix it for starters.
If they have the name wrong, call the sheriff and have them get with the clerk. If the name and property are right, need to get with the lender.
2007-06-19 08:06:58 · answer #1 · answered by wizjp 7 · 1⤊ 2⤋
let's see... your husband's paycheck is about to be garnished with
an account with a credit company that he never had
an account with a bank that he never had
not appear on his credit reports
I find your story unbelievable.
playing ignorance is not making your problem go away, pleading ignorance has get you where you are at today. Accepting responsiblity is the only way to solve your problem.
You don't know what to do? why don't you start out calling the bank and credit company, you have their information. They can give you answers to your own questions better than everyone here. People's guesses here are out of wax as you can see for yourself.
By the way, no one can garnish your wages without a judgment from the court and file a request for garnishment with a court. And getting a garnishment against your paycheck doesn't happen over night either.
2007-06-19 08:14:22 · answer #2 · answered by Anonymous · 0⤊ 2⤋
It could be a case of stolen identity. Get all the information and then make a police report. I would also get a civil attorney....your husband will need one to fight the garnishment. In order forthe garnishment to take place there had to have been a court date. The judge had to order a judgement.. Find out this information as well.
2007-06-19 08:05:14 · answer #3 · answered by saved_by_grace 7 · 1⤊ 1⤋
For starters, John sounds like one of those "better then thou" people who walk with their nose stuck up....and end up with lots of poop on their shoes.
Winjp is right....you will be amazed at the poor job collection agents do when skip tracing. I've seen them toss out bank garnishments to several banks hoping to hit the right one, and end up taking money out of the wrong account. Same with wage garnishments.
What has probably happened here is they find a similar name working at a business and send them the garnishment. Your hubby got caught.
Start by contacting the court where the judgment was issued and get the case records. While there file a motion to dispute the garnishment.
The judgment will say who the creditors are (more likely just the attorney). Contact them and find out how much they can afford to pay you in damages.
2007-06-19 13:15:28 · answer #4 · answered by Anonymous · 0⤊ 2⤋
First, call the Sheriff's off the levy is from to make sure it's legitimate. Give them only your name or case number, do not give them any account numbers or your husbands ss number. If it's legitimate, then contact the company involved to find out what it's about.
The whole thing could be a scam attempting to get your ss #. Be very careful.
2007-06-19 08:19:25 · answer #5 · answered by J M 4 · 1⤊ 1⤋
You do not always go to court for garnishments. with some loans you sign a paper that tells you if you fail to pay you will be garnished. most likely you did this with a student loan. your job is supposed to furnish you with a paper stating who is garnishing you.
2016-04-01 05:51:27 · answer #6 · answered by ? 4 · 0⤊ 0⤋
I agree with wizjp, it does sound like a case of mistaken identity rather than ID theft.
It's not uncommon for court papers to be placed in the wrong files, someone elses name or other info placed on court papers, etc., etc., etc.
You husband should take the levy paper down to your local court clerk and get it straightened out.
2007-06-19 11:41:58 · answer #7 · answered by echo 7 · 0⤊ 1⤋
He must have been a victim of identity theft at one point. I would contact the three credit bureaus ASAP to make them aware. Then contact the court and explain this to them and get all of the info they have. This may take a while and could get pretty messy. good luck.
2007-06-19 08:06:34 · answer #8 · answered by clemenza222 3 · 1⤊ 1⤋
It almost sounds like somebody else is using his social security number. Check his credit report at annualcreditreport.com (it's really free) and see if there's anything there that looks odd.
Good luck.
2007-06-19 08:09:28 · answer #9 · answered by Judy 7 · 0⤊ 0⤋
You have to get an attorney to fight the levy. That is about all you can do. After the levy is stopped, then you can look into problems with identity theft.
2007-06-19 08:24:23 · answer #10 · answered by dollfacedbaby1 3 · 0⤊ 2⤋