QUESTION
Can legal action be taken if a creditor garnishes my check for someone else's debt?
Asked on Jan 13th, 2012 on Bankruptcy - New York
More details to this question:
My husband and his father share the same name, he is Jr. and my husband is the III, yet my husband has gotten many of his father's bills, been served legal papers that were his father's and has even been arrested due to his father's warrant. Just yesterday my husband saw that his check had been garnished $152 and today found out through his work that this was not his debt, but his father's because the SSN was his, and also came from a credit agency that has made this mistake several times and whom we have called to correct many times. When he called the agency they were supposed to get back with him and haven't yet. What, if anything, can we do to prevent this from happening in the future?
1 ANSWER
Litigation Attorney serving Pearl River, NY
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Law Office of Bijal Jani
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You should first notify your bank in writing that you are objecting to this action and clearly write in the reasons. If the credit agency continues in its actions against your husband, you should file a complaint against the agency with the Consumer Fraud Division.
Answered on Jan 30th, 2012 at 2:38 PM