blind83guardian
Oct 8, 2012, 06:46 AM
My employer received an information subpoena to supply my information to a collection agency. I had no clue what this was about so I found out information from the case information that was given to me. The person being sued has the same name as me, and also his wife or girlfriend has the same name as mine.
I have never physically been served. Nor have I even lived in the same county as this person has. This has to do with a back rent that this person has not paid and now his landlord has taken action. I have never lived at this address, nor do I have a kid. I went to court to speak to the clerk to see what was going on. I explained that I am not the person on this suit, but I am being pursued. They showed me a signature ( my name) that I did not sign, I showed him proof of my signature. There is already a judgment in court. They told me to file an order to show cause. Of course it got denied, probably since I am not the actual person being sued. I am going back tomorrow to find out why it was denied.
I tried doing this without a lawyer but it sounds like I will need one. It really stinks that I am an innocent person being pursued to collect money that I don't even owe. I am not even sure how they got my social security number! I checked all of my credit reports and find no sign of identity theft but I am keeping a close eye.
How can I fight this? And, can they actually go after my assets even though they have the wrong person? Does my employer have to respond to them with the information subpoena? I don't feel that it is right for them to know my information based on them just matchin up a name even if its not the correct person.
Thanks in advance.
I have never physically been served. Nor have I even lived in the same county as this person has. This has to do with a back rent that this person has not paid and now his landlord has taken action. I have never lived at this address, nor do I have a kid. I went to court to speak to the clerk to see what was going on. I explained that I am not the person on this suit, but I am being pursued. They showed me a signature ( my name) that I did not sign, I showed him proof of my signature. There is already a judgment in court. They told me to file an order to show cause. Of course it got denied, probably since I am not the actual person being sued. I am going back tomorrow to find out why it was denied.
I tried doing this without a lawyer but it sounds like I will need one. It really stinks that I am an innocent person being pursued to collect money that I don't even owe. I am not even sure how they got my social security number! I checked all of my credit reports and find no sign of identity theft but I am keeping a close eye.
How can I fight this? And, can they actually go after my assets even though they have the wrong person? Does my employer have to respond to them with the information subpoena? I don't feel that it is right for them to know my information based on them just matchin up a name even if its not the correct person.
Thanks in advance.