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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.

Fr_Chuck · Oct 8, 2012, 06:50 AM

If they are using your social, then it is ID theft, I would report it as such and use it as the grounds for your case to dismiss the judgement against you.

AK lawyer · Oct 8, 2012, 08:39 AM

Originally Posted by blind83guardian

... I went to court to speak to the clerk to see what was going on. ... They told me to file an order to show cause. Of course it got denied, ...

The clerk told you to file a motion for an order to show cause? To show cause for what? To show cause why the case should not be dismissed, or what?

Originally Posted by blind83guardian

... How can i fight this? ...

File a motion to quash the judgment, based upon the fact that they appear to have a judgment against you although process was never served on you. This is the confusing part: they evidently served someone else, at a different address, but now claim that they have a judgment against you. You should show that you never lived at that address, are not the person who was served, and, in addition, are not the person who owes the debt.

Also you should move to quash the writ directed at your employer, for the same reasons.

blind83guardian · Oct 8, 2012, 08:54 AM

Thanks for the response and information.

It is pretty confusing. My job received the information subpoena from the collection agency this past week. When I went to court I found out the person was served back in Jan, and judgement was entered in June. So the guy didn't show up, or lost. So I am thinking that the plaintiff hired the agency after they received the judgment. The agency either received the wrong information, or sought out a match to my name and my wife's, and once they found it they said they have a match without confirming. Just my guess, who knows.

I called the collection agency to tell them they have the wrong person and they told me I had to go to court to settle it.

joypulv · Oct 8, 2012, 09:21 AM

Sue the collection agency. Tell them you are going to first.

AK lawyer · Oct 8, 2012, 09:50 AM

Originally Posted by AK lawyer

...
File a motion to quash the judgment, ...
Also you should move to quash the writ directed at your employer, for the same reasons.

Ok, sorry, I now understand that it isn't a writ to your employer, but a subpoena. File a motion for a protective order against that.

ScottGem · Oct 8, 2012, 12:16 PM

You can't get the judgment vacated because you aren't a party to the suit. What you need to do is file a motion to squash the subpoena because you are not party to the suit.

Has your employer provided the info yet?

blind83guardian · Oct 8, 2012, 12:24 PM

Originally Posted by ScottGem

You can't get the judgment vacated because you aren't a party to the suit. What you need to do is file a motion to squash the subpoena because you are not party to the suit.

Has your employer provided the info yet?

They have not provided the info yet.

ScottGem · Oct 8, 2012, 12:27 PM

I would then immediately file to quash the subpoena and show your employer that you have done so, asking them not to give out any info until the motion is ruled on..

blind83guardian · Oct 8, 2012, 12:32 PM

Originally Posted by ScottGem

I would then immediately file to quash the subpoena and show your employer that you have done so, asking them not to give out any info until the motion is ruled on..

Thanks for your help! I am going to court tomorrow so I will see what I can do. Unfortunately my lawyer is on vacation.