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    Joseph Buffalo's Avatar
    Joseph Buffalo Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 20, 2008, 05:11 PM
    Court Order
    A debt collecting lawyer got a judgement at an address
    Where I have NEVER lived but where someone with the exact
    Same name lives. They then sent it to my bank and have put
    A lien on my bank account. I have called them to no
    Avail. They say it is too late - they have the judgement
    Against me. They claim the debt is mine, but will give no
    Details - they say they don't have to because they have a
    Judgement already. I don't think the debt is mine - I
    Never had a Citibank Credit card and statements were being
    Sent to the other address. Is there recourse via Attorney
    General or whom. Even if by some chance (debts are sold
    All the time) the debt is mine - I my rights as a debtor
    (if any) and due process (if it applies) were violated.

    Help! I'd love to put these slimy people in their place
    For their practices.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
    Expert
     
    #2

    Feb 20, 2008, 05:17 PM
    Sadly this happens a lot. Assuming it is not really your debt, I got a garnishment for child support put on me two years ago, took me three weeks to get it stopped.

    First. 1. stop using the phone, they are right, they have a court order, so there is nothing you can do on the phone

    2. fastest and best, hire an attorney.

    3. you will need to file a mostion in court that first you were never properly served, and that there is a mistaken ID on the debt and account.

    Until you go to court and see the judge in a hearing, nothing is going to happen.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #3

    Feb 20, 2008, 06:47 PM
    Quote Originally Posted by Joseph Buffalo
    A debt collecting lawyer got a judgement at an address
    where I have NEVER lived but where someone with the exact
    same name lives. They then sent it to my bank and have put
    a lien on my bank account. I have called them to no
    avail. They say it is too late - they have the judgement
    against me. They claim the debt is mine, but will give no
    details - they say they don't have to because they have a
    judgement already. I don't think the debt is mine - I
    never had a Citibank Credit card and statements were being
    sent to the other address. Is there recourse via Attorney
    General or whom. Even if by some chance (debts are sold
    all the time) the debt is mine - I my rights as a debtor
    (if any) and due process (if it applies) were violated.

    Help! I'd love to put these slimy people in their place
    for their practices.

    What Social Security number are they showing on this debt - I believe they have to provide the Court with a SS number which should have been given to the Bank?

    Otherwise - right, only an Attorney can stop this and then I would go after them for the Attorney's fee.

    I wouldn't say you don't think the debt is yours - if it's a Citibank judgment, you never had a Citibank account/card I would say firmly that it's not yours.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Feb 20, 2008, 07:07 PM
    You may not need an attorney.

    Your first step is to get a copy of the order served on your bank. This will tell what court the judgement was issued from. You then go to that court and file a motion to vacate on the grounds of improper service. You should get that motion granted. This will get you a new hearing where you can fight it on the grounds that its not your debt.

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