Can a collection agency keep trying to garnish non-existent bank accounts?

Asked over 1 year ago - Kearney, NE

I have a judgment against me. I do not have a job now or a bank account anywhere in the country. The attorneys for the collection agency keep sending court garnishment papers to banks (where I have never done business) and there is no account because I have none. I have told them this repeatedly. Can I file a complaint for harassment against the agency, I am tired of this!

Attorney answers (4)

  1. Tregg Robert Lunn

    Pro

    Contributor Level 13

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    Answered . Mr. Hyslip is correct that there may be one or more FDCPA violations. Mr. Walton is also correct if the collector is fishing for information. I suspect know which collector is doing this to you. I'd be happy to speak with you if you like.

  2. Brendan Michael Kelly

    Pro

    Contributor Level 18

    Answered . No, you might try to reach an agreement with them.We will offer you a free initial consultation to talk about the case and show you how we can help you out. Give us a call at 402-455-1711 to set up a time to talk about the matter. We have been in business for almost 25 years and fight hard for the people we represent.

  3. Alan D. Walton

    Pro

    Contributor Level 19

    Answered . If NE is like MI, then unsuccessful garnishments are not allowed to be added to the judgment, so the attorneys/collection agencies are wasting their money. But they can ask the court to issue garnishments in the hopes that they find an account with your name on it. Such a request is not really harassment, it is just part of a fishing expedition. In MI, they could subpoena you to bring in all your financial records so they could know for sure where your assets are.

  4. Jeffrey Scott Hyslip

    Pro

    Contributor Level 13

    Answered . It is possible based on the additional facts. If you think they are doing this to harass you and it is stressing you out there is something there we could shake a stick at. The FDCPA doesn't allow debt collectors to harass consumers. If be happy to speak with you further.

    I am an attorney licensed to practice law in Ohio and some Federal Courts throughout the United States. I am not... more

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