Creditor levied my checking account

[Gwendoline72]

Hi, I received a levy on my checking account based on an alleged debt. The problem is that the debt the creditor claims its mine based on my current address, social security number. I never applied for nor received the said credit card. I also was never served with a lawsuit regarding this debt (no process server, no sheriff, no certified letter)

I checked my credit report and saw that the debt in question was opened in August of 2004. I applied for bankruptcy that same year and received a discharge. Factually, I would never open another credit card so soon after receiving a discharge! Anyway, I suspect I may be a victim of identity theft and subsequently requested a security freeze on my credit report. Is it too late to file a police report considering that this alleged debt occurred 5 years ago?

Also, because I was never properly served, can I file a motion to vacate the judgment? I live in New Jersey. Thank you!

[StephenH]

I beleive you have a defense if you did not ever apply for that card. You need to file a police report of the fraudalent information, put a fraud alert on your credit file, call the court and get a copy of the judgment, and then file a motion to vacate.

[JETX]

Originally Posted by Gwendoline72

Also, because I was never properly served, can I file a motion to vacate the judgment?

This is a VERY common topic on this forum. Do a search using vacate judgment.