Garnishment: My SSN, someone elses name

[fjguy]

What is the name of your state? CA

I got a letter last night stating that my pay is being garnished for a total amount of $17,200+ dollars. I called the law offices that worked for the creditor and they told me a name and address in Arizona, but my SSN.

I've been on the phone with a lot of people since morning trying to get this resolved, but wouldn't something like this have to be verified by namd AND ssn and not just ssn?

So seems like someone else used my ssn to buy a car, and now they're after me to pay off the debt. I have perfect credit and have filed a credit fraud alert on all credit bureaus.

what are my options???

 

[Beth3]

The Federal Trade Commission (www.ftc.gov) has a considerable amount of information on their website regarding identity theft and how to file an ID Theft Affadavit with the national consumer reporting agencies. (www.consumer.gov/idtheft.) If you can't get this cleared up through those means and working directly with the law firm that represents the client who issued the garnishment, then you may need to obtain legal counsel of your own.

 

[pattytx]

Has your employer received the order? They should send it back to the court responding that the SSN/name combination on the order does not match their records.

 

[JETX]

what are my options???

Your options are very simple. Contact the court, or attorney or agency who issued the garnishment order and file a notarized affidavit asserting that you are NOT the individual they are looking for. If you don't, you will very likely be subjected to other additional enforcement efforts.

 

[seniorjudge]

Your options are very simple. Contact the court, or attorney or agency who issued the garnishment order and file a notarized affidavit asserting that you are NOT the individual they are looking for. If you don't, you will very likely be subjected to other additional enforcement efforts.

Hey, JETX...thanks for the candy the other night.

(I was the goblin.)

 

[fjguy]

well.. the scoop is that my pay IS being garnished because my employer failed to check the name/ssn. I checked my credit report and nowhere does it state that 1) the law firm pulled a credit report on my file as they state 2) nowhere does it state that the creditor that is the plaintiff is on my credit report 3) nowhere does it have the other persons name.

I've managed to verify my identity with the law firm and they've issued a stop request on the garnishment.

I've seen the court history on this case and it was opened on 08/23/2006 and has a court seal date of 10/02/2007

Can i file a lawsuit against anyone for 1) wrongful garnishment 2) identity theft 3) violation of my right to due process...?

 

[ecmst12]

Are they refusing to return the money they took?

 

[pattytx]

You MAY have a case against the employer IF they refuse to return what should not have been deducted in the first place. What does the employer say?

 

[fjguy]

about $110 had been garnished. This paycheck, it shows curennt garnishment: $0. Year to date: $110.

The money has NOT been returned to me as of yet which i was promised. I don't even know how its supposed to come back to me.

Besides the fact that i don't know how to recover the money which was taken wrongfully, I now have to maintain on my paycheck until end of the year a label "Garnishment 1"

I'm ready to file for punitive damages, but have no idea who i can go after, how much i can sue for or what state to file this issue in. It's almost a month now i've been wrecking my brains over someones stupidity of not correctly checking identity.

 

[pattytx]

If it were my payroll department (and I've managed a few), I would be refunding the amount to you now and trying to recover it from whomever I paid it to. But, that's just me.

Other than the deduction, what damages have you suffered because your paystub for the next few weeks shows a YTD garnishment amount?

 

[fjguy]

i still haven't recovered the money they took out.

 

[pattytx]

Then it's only the deduction. Can you go up the chain in payroll? HR?