Identity theft by ex-wife

I live in the state of Georgia and just received via certified mail garnishment paperwork on behalf of LVNV Funding LLC. These are copies of some of the paperwork sent to State court of Gwinnett County. It was sent from a John P. Farrell who is the attorney on behalf of LVNV Funding LLC. It looks like I received copies of his letter to the Clerk of Courts, Affidavit of Continuing Garnishment, Summons of Continuing Garnishment, Answer of Continuing Garnishment, & General Civil Case Filing Information Form (Non-Domestic). I see from reading past forums on there that LVNV Funding can be shady in their collections and I should be aware before admitting to or even contacting them direct. I’m not admitting to this debt by any means but if I had a guess to what it MAY be from, it may be from a past credit card that my now ex-wife took out in my name without my knowledge or consent and racked up countless debt by purchasing Rx meds illegally. We were legally married at the time this took place but this was not and is not debt I consented to. My questions are:
1) What is the best way to find out where this debt is stemming from?
2) How long before they will garnish my wages or what can I do to postpone this from happening while I dig to find the source to dispute?
3) How do I dispute the charges? I have no idea what card this came from so I have no idea even how old the account is. A best guess would be about 5-6 yrs old.
4) I don’t see anything on my credit report in regards to this matter but am in the process of running for all 3 agencies. If I do find it listed on my credit report what should I do? If it’s not listed on my credit report, do they even have any ground to garnish?

I basically need to know the best steps to go through trying to identify the debt, stop this garnishment in the meantime, and dispute the charges. I appreciate the info.

I found this in my inbox. I've put it up for all to reply.

I see from reading past forums on there that LVNV Funding can be shady in their collections and I should be aware before admitting to or even contacting them direct.

Well gacheesehead, I am not sure about the company, but before you work with any debt collection company, you must do your own bit of research to find out if they have a good record or if there are more complaints against them. For starters you may check with the BBB.

I’m not admitting to this debt by any means but if I had a guess to what it MAY be from, it may be from a past credit card that my now ex-wife took out in my name without my knowledge or consent and racked up countless debt by purchasing Rx meds illegally.

In this case I think you need to file an identity theft and fraud report with your state attorney's office. Contact the credit company and let them know that it is not your debt but your ex-wife's. Also ask them to take proper action else you will have to challenge the charges made by the credit company.

What is the best way to find out where this debt is stemming from?

Ask them for a debt validation and seek a detailed report. Ask them to mention each transaction they are billing against. Once they do it, you may dispute the debt. I am afraid gacheesehead, this is going to be a lengthy process.

How long before they will garnish my wages or what can I do to postpone this from happening while I dig to find the source to dispute?

Vacate the judgment that you have received and this should stop the garnishment. In case you wage is already being garnished you may file a 'claim of exemption' form with the court that has issued you the writ. This may be done if the garnishment is taking up too much of your income.

I don’t see anything on my credit report in regards to this matter but am in the process of running for all 3 agencies. If I do find it listed on my credit report what should I do? If it’s not listed on my credit report, do they even have any ground to garnish?

Not all creditors update records. This might be one such case. The fact of the matter is, this company is calling you for debts and you need to deal with them. If that means you need to vacate the judgment or send a dispute letter, you must do so. You said you have received letter(s) of garnishment and hence the creditors might garnish your wage if they deem it to be required. Vacate the judgment as soon as possible. I would suggest get help from an attorney. It is going to be difficult for you to handle this alone. Let me know about how things progress.