Can legal action be taken if a creditor garnishes my check for someone else's debt? 4 Answers as of January 30, 2012
My husband and his father share the same name, he is Jr. and my husband is the III, yet my husband has gotten many of his father's bills, been served legal papers that were his father's and has even been arrested due to his father's warrant. Just yesterday my husband saw that his check had been garnished $152 and today found out through his work that this was not his debt, but his father's because the SSN was his, and also came from a credit agency that has made this mistake several times and whom we have called to correct many times. When he called the agency they were supposed to get back with him and haven't yet. What, if anything, can we do to prevent this from happening in the future?Free Case Evaluation by a Local Lawyer!
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Albert Law Group | Alvin S. Albert
You need to get aggressive against these debt collectors, review your husband's credit report, and start court proceedings to stop the garnishment (which I would do immediately). If you have notified debt collectors about their mistake - and they still proceed with collection actions - you may have the right to sue the debt collector for a violation of the Fair Debt Collections Practices Act.
Answer Applies to: Georgia
Replied: 1/30/2012
Law Office of Bijal Jani | Bijal Jani
You should first notify your bank in writing that you are objecting to this action and clearly write in the reasons. If the credit agency continues in its actions against your husband, you should file a complaint against the agency with the Consumer Fraud Division.
Answer Applies to: New York
Replied: 1/30/2012
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
You need to inform your husband's employer or its counsel to stop the garnishment immediately since it is not validly being taken. Then you must address this issue with the creditor head-on and inform them that any further action on this account in attempting to collect a debt that is not your husbands is a violation of your rights under federal and state law.
Answer Applies to: Massachusetts
Replied: 1/30/2012
The Law Office of Darren Aronow, PC | Darren Aronow
You can file for a lawsuit under NYS law under UDAP. Unfair & Deceptive Acts & Practices. You may be entitled to damages and the return of money taken. You may want to talk to a local attorney to discuss the details and to file suit though.
Answer Applies to: New York
Replied: 1/30/2012
