Garnishment without judgment

Submitted by Anonymous (not verified) on Wed, 06/16/2010 - 05:34
Forums
Credit repair

Hi,

I received a default judgment by not appearing because the summons was delivered to a roommate who did not pass it along. I know I should have done something as soon as I found out, but I did not. I was then garnished and scrapped for a year while paying it. The same collection agency has now garnished me again on another account that has not received a judgment, and they are using the same Fifa number as the first. Can they do this? Any advice?

Aaron

Hi Ashlin,

No, they cannot do this. No collection agency can withdraw money from your bank account without your authorization, or a garnishment order from the court. This is not legal.

First of all, collect proof of the recent unauthorized withdrawal. Then collect proof of the debt that you last owed, and the total amount then garnished. I believe the past debt has already been paid? File a complaint with the Federal Trade Commission, and your State Attorney General.

Also alert your bank about this. It is better to close this account, and open a new one.

Thanks,

Aaron

Wed, 06/16/2010 - 09:17 Permalink
cinnamngrl

I would contact the attorney general and the appropriate bank regulator. banks can be very unsympathetic.

Thu, 06/17/2010 - 13:48 Permalink
crorkz (not verified)

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Mon, 08/04/2014 - 09:11 Permalink
crorkz (not verified)

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Tue, 08/05/2014 - 10:42 Permalink