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Home > Money & Services > Bankruptcy & Debt   »   Frivolous Garnishment On Bank Account

 
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Old Jul 15, 2006, 05:50 AM
yvettegiovanni
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Frivolous Garnishment On Bank Account

HELLO FRIENDS...I NEED HELP!!!
MY BANK ACCOUNT WAS GARNISHED BY A CREDIT CARD CREDITOR AS SO WAS MY DIRECT DEPOSIT PAYCHECK. I'M A MOTHER OF FOUR AND LIVE PAYCHECK TO PAYCHECK. I CALLED TO THE CREDITOR AND ADVISED THEM I NEVER HAD A CREDIT CARD NOR LIVED IN THE CITY,STATE THAT THEY STATED THEY HAVE ON FILE. I ADVISED THEM THAT I CAN SUBMIT SIGNATURES, AFFADAVITS, AND WHAT EVER ELSE NECESSARY TO PROVE THIS DEBT IS NOT MINE NOR WAS IT EVER ON MY CREDIT REPORT, WHICH I JUST HAD PULLED AND THIS ERRONOUS DEBT IS NOT EVEN UP THERE. PER THE COLLECTION AGENCY, NOTHING CAN BE DONE. PER MY BANK, YES THERE IS AND THE COLLECTION AGENCY KNOWS IT. CURRENTLY MY WATER IS TURNED OFF DUE TO I HAD NO MONEY TO PAY MY BILLS AND BEEN BUYING BOTTLED WATER TO FLUSH MY TOILETS, BATHE ME AND MY FOUR CHILDREN, AND FOR DRINKING PURPOSES, TOO. ISN'T THERE SOMETHING THAT CAN BE DONE SO THE COLLECTION AGENCY CAN RELEASE THE HOLD (GARNISHMENT) FROM MY BANK ACCOUNT.
THANKS!
-ONE SAD AND PENNILESS MOMMA

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Old Jul 15, 2006, 06:01 AM   #2  
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Did you not get any of the notices from the company or the court regarding the case?

You need to get down to the courthouse to tell them it's not you, for starters.

And in the meantime, stop the direct deposit going into that bank, as it may very well be garnished also.
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Old Jul 15, 2006, 06:36 AM   #3  
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Thank you Rickj!

I never received anything from this credit card company! Not even a junk mail piece that normally floods our mailboxes. I just moved to VA from NY in 2004 and per the collection agency the credit card address they have on file is in VA in 2000! I was living and working with the VP of my job in Long Island,NY.

-one sad and mad momma!
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Old Jul 15, 2006, 06:51 AM   #4  
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First things first. Stop the direct deposit into that account.

Then Contact the court that issued the judgment and ask them how to proceed with disputing/appealing it - and getting your money back.
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Old Jul 15, 2006, 07:02 AM   #5  
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I had my pay check garnished earlier this year for child support ( not my child) not my correct name on court papers, but a simular name.

They got a court order to garnish a person with that name and found me.
I had to go to court to get it stoped and the money refunded.

In your case most likely someone else has used your name and social security number to get a credit card ( identy theft, it happens 100's of times a day in the US. You will need to report the ID theft to the police, and have to pettion the court that issued the garnishment for a hearing or a stay.

As long as the bank has a court ordered garnishment or attachment there is little they can do. If the garnishment is not on your pay, just your bank account stop the direct deposit at once.
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Old Jul 15, 2006, 12:23 PM   #6  
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Thank You Fr Chuck! I Will Do So First Thing "smokin'" Monday A.m.!!
--god Bless You!
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Old Dec 5, 2007, 11:59 AM   #7  
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i bought a truck nov 21 2007. after having it for a few weeks i realized it used too much gas and the insurance was too high and bottom line i can't afford it. I want to return it to the dealer but they will not except it. my financer said it was up to them what do i do. drive it and leave the keys and truck at the dealer?
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