I'm in FL and I have been a victim of identity theft. I was served a summons to answer or appear in court in 20 days. I did answer the lawyers office and mailed all the documents that I have proving that what they are trying to sue me for is not my debt. I have a fraud alert on my bank account and with all three credit bureaus. I also got another letter in the mail stating that they will accept half of what I allegedy owe them as a compromise. The debt isn't mine and I'm not paying it. I just don't want my salary garnished, I live paycheck to paycheck as it is.
I thought your salary could only be garnished for alimony, child support or IRS taxes.
2007-12-02 11:05:34 · 5 answers · asked by serialmom12 5 in Business & Finance ➔ Credit
It's Bank of America that is doing this.
2007-12-02 12:04:02 · update #1
If you are considered head of household then your wages are 100% exempt from garnishment.
You might want to do some reading on exemptions in the following links:
Tthe Florida Legislature:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0222/titl0222.htm&StatuteYear=2004&Title=%2D%3E2004%2D%3EChapter%20222
The Florida Bar Assoc:
http://www.floridabar.org/TFB/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/14e6210c7536af9d85256b2f006c54ed?OpenDocument
IF you had provided BoA with the proof that it was not your account and that it was a case of ID theft before they filed the suit, you may possibly be able to file a counterclaim against them for filing suit on a debt that they know is not yours.
Florida has their own version of a FDCPA which includes original creditors. (the FTC version does not include original creditors)
Any Fl. FDCPA statute or other state statutes they violated could be used as a counterclaim.
You might contact a "consumer credit" lawyer and ask if they will give you a free first consult. Take "all" of your info with you when you go to speak to him/her.
It may be possible that if you have a good case showing proof that BoA knew that ID theft was involved, the lawyer "may" take the case on contingency and be paid by BoA if you win.
2007-12-02 13:06:35 · answer #1 · answered by echo 7 · 1⤊ 0⤋
I have a very close friend who is a MP in Iraq right now and she has all of her bills on hold right now. You do know that they don't even take taxes out of his pay while he is in iraq so what really makes anyone think that they will let a stupid credit card company garnish. You know credit card companies make alot of threats and do not follow through with those very often. I went through some really bad problems years ago and owed everyone you could think of and there was only 1 company that took us to court and that was Sears. We had visa, mastercard, discover and alot of store cards. I did repay all of my debt but that was way after the fact and they were all in charge-off status. :)
2016-05-27 07:28:09 · answer #2 · answered by madeleine 3 · 0⤊ 0⤋
I didn't see anywhere in your explanation that the company is trying to garnish your wages, only that you got a summons to appear in court. If you lose in court, the most they can do is obtain a judgement against you. They can't have money taken out of your pay.
2007-12-02 11:15:28 · answer #3 · answered by curtisports2 7 · 0⤊ 1⤋
Once they get a judgment, they may not garnish your wages but will go directly to your bank account. then the bank will tack on a service fee of $100, in some cases (B of A did this to my daughter.)
2007-12-02 11:34:23 · answer #4 · answered by Huba 6 · 0⤊ 0⤋
If they get a judgement against you in court, they can - so don't ignore the court appearance. If you don't attend and aren't represented, you will lose by default.
Good luck.
2007-12-02 11:14:50 · answer #5 · answered by Judy 7 · 0⤊ 0⤋