Marshalls Notice of Execution

[thegameksk]

What is the name of your state (only U.S. law)? New York

When I was younger I had numerous acts of fraud committed under my name. I was a minor when these numerous cards were giving out. A lawyer had helped me clean everything up and I was under the impression it was all gone since there are no negative objects on my credit report. I received a letter last year from a billing company for a Citi bank account that was 1832.15. I sent them a registered letter asking them to verify that the account was mine. They never responded and my credit report was never changed so I assumed it was done with. On Friday I received a Marshals Notice of Execution. I called them and explained the situation to them and they told me to call the debit company. I called them and they told me that the account was open in 2000 and paid until 2002. I was 15 years old in 2000. I told them this and the lady said if you didnt get it who did and why would they pay it. This went on for a while until she told me they couldnt help and if I didnt pay id have my wages garnished. I called the Marshall again who said he couldnt help either and only the debt company could. WHat am I supposed to do? I tried calling CITIbank recovery and they said they couldnt help me either. I even have a citi bank card now thats in good stNDING. I was a minor when I supposedly got this card and its from 11 years ago. I also want to know why none of this was every put on my credit reports. Any help you can provide will be greatly appreciated.

 

[justalayman]

there is no requirement to report anything to the credit reporting agencies. While most major creditors do, the fact they didn't does not mean there wasn't a debt.

So, for them to garnish wages or seize accounts, there must be a judgment floating around somewhere. You need to find out what judgment these actions are based on and research how it was obtained without your knowledge. Defective service is generally the most common basis for defending such a judgement but you cannot know that until you have the case file to review.
So, to start with, find out where and when the judgment was obtained that is the supporting justification for this garnishment. Then, go to or contact that court and obtain the case file. Then, find out how it was obtained without your knowledge and if it was not properly obtained, you will have to file to have the judgment set aside of vacated. When you do that, you can ask the order to garnish your wages be stayed or rescinded.

 

[thegameksk]

Okay how do I find out that information? Where would I go?

 

[justalayman]

ask whoever has the order to garnish your account the basis for the order. If that does not reveal enough, use the information derived to go to the court that issued that order and review that court filing. It should be an action within the case that ordered the actual judgment which is what you are looking for. If it is not part of the actual case that was the judgment arose from, it will include the basis (order of judgment) that allow them to ask for the garnishment.

 

[cosine]

Where is this attorney that cleared up your record before? It sounds like he needs to get rolling, again. You should already have paperwork from all that process which includes copies of police reports filed for ID theft. Send copies of these to the creditor and marshall. This attorney should proceed to get a temporary order to stay the garnishment and file a motion to vacate the judgment (he should have enough info to make that a slam dunk).

If you cannot locate that attorney, now, you need another one. That one needs all this information which you should have been keeping. But even if this is "start all over", that attorney can still get things stopped, but it can be a slower process.

 

[justalayman]

Where is this attorney that cleared up your record before? It sounds like he needs to get rolling, again. You should already have paperwork from all that process which includes copies of police reports filed for ID theft. Send copies of these to the creditor and marshall. This attorney should proceed to get a temporary order to stay the garnishment and file a motion to vacate the judgment (he should have enough info to make that a slam dunk).

If you cannot locate that attorney, now, you need another one. That one needs all this information which you should have been keeping. But even if this is "start all over", that attorney can still get things stopped, but it can be a slower process.

yet we do not know if the judgement is truly due to the id theft nor do we know if the judgment was properly obtained. OP needs to research the case file to determine what happened and how. If OP is not capable of researching the case, then yes, they need an attorney.

 

[dfromnyli]

Since you got execution notice from Marshall, I'm guessing you live in NYC? The notice you got should tell you what Court the original judgment was obtained in. What you are going to do is go down to that Court house and obtain what is called an Order to Show Cause.

You are going to have to wait around for a judge to sign it, but it will set up a hearing for you. At the hearing you are going to provide your proof that you were 15 years old in 2000 and could not have opened up a credit card. That will either get the case dismissed or put on the trial calendar. But either way it will definitely stop the wage garnishment, and vacate the judgment.

 

[justalayman]

why does everybody say a minor cannot engage in a contract? In many (most) states they can. What being a minor allows is an escape from the contract. What is required to disaffirm the contract varies from state to state. In some states, a failure to disaffirm the contract within nor more than a short time after becoming an adult, the contract is considered to be affirmed. If there was any activity on the account after a person has reached adulthood, that affirms the contract.

then, in some cases and states, a minor can be held to a contract. Contracts for necessities of life are often not able to be voided by the minor.

this is from another site regarding the ability of a minor to enter into and disaffirm a contract in New York state.

May disaffirm most contracts if disaffirmed within reasonable time after reaching majority; exceptions: (1). certain loans; (2). married infant buying home; (3). providing medical care for self/child; (4). for performing athletic or arts services if court-approved; (5). life insurance if 15 or over; (6). or if veteran or veteran's spouse (Gen. Oblig. §§3-101, et seq.)

I'm not very lucky in trying to find statutes for NY so I cannot support those statements.

so, while the contract does not appear to have been acted upon after the OP reached adulthood, a failure to disaffirm the contract may have allowed the law to consider it as affirmed.

 

[thegameksk]

Okay well the creditor said I need to go to civil court, see a judge and file an order to show cause in order to stop the garnishment. I live in Buffalo ny but I have to return to go to court and deal with this. They want me to go back by the 8th of August to go to court and file the order to show cause but idk if I can due to work. I am returning to the city for good on the 19th of August. The creditor said I didnt receive any information about this until the Marshall notice because they were sending it to my old child hood address. I called the old lawyer and the number is disconnected. How would I be able to find a pro bono lawyer for this? I am a broke college student and I think if I dont get a lawyer I will be forced to pay back this debt that is not mine. Thanks for all your help.

 

[TigerD]

How would I be able to find a pro bono lawyer for this? I am a broke college student and I think if I dont get a lawyer I will be forced to pay back this debt that is not mine. Thanks for all your help.

When you graduate college are you going to be willing to work for free when ever somebody with a sob story comes along? That lawyer you are asking to work for free spent at least seven years as a broke college student and now pays significant fees to be a lawyer.

Either study up and do it yourself (and you can) or pay the lawyer.

DC

 

[You Are Guilty]

http://www.courts.state.ny.us/courts/8jd/helpctr.shtml