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Collection agency claiming to have a judgment against me but is acting suspicious when asking questions. Threatening garnishment

Temperance, MI |

So today while at work I got a blocked call, on my cell phone. I answered and they hung up. The second call I missed and they left a voicemail claiming he was so and so and that his office has a complaint against me and that I need to contact the issuing agency to dispute the pending action against me. I call and they tell me I have a subpoena for an $8k judgment that has already been issued and that I have 72 hours to appear to court so they can issue the judgement and begin wage garnishment and or lien and levy. I explained 1.) this was not my card and I was disputing it and 2.) I didn't even have the money even if they did have a judgement against me. I tried to get some info on the person I was talking to and the judgement against me. He would only give me his first name.

I was never served anything, although they claimed I would be served a subpena tomorrow to appear in court. On the phone he claimed I was sent papers via regular postage 6 weeks ago. My wife and I are puzzled as we have never seen one piece of paper on this.

Attorney Answers 3

  1. You are right to be suspicious based on the facts you presented. If you believe there is an open case or judgment against you, then I would suggest calling your local district court to find out more information. The clerk should be able to tell you if there are any open cases or judgments against you. In any event, you should contact a debt collection attorney to evaluate if you have any claims under the FDCPA for the behavior of this particular collection agency.

    Tara Nichol is licensed only in the State of Michigan. All answers provided relate only to Michigan law and are made for general information purposes ONLY. They are NOT intended to be legal advice and are NOT intended to create an attorney-client relationship between Ms. Nichol and any readers or subscribers to Tara Nichol Managing Attorney at Nichol & Doering, PLLC East Lansing, MI (517) 583-0520 **FREE 1 HOUR CONSULTATIONS.**

  2. The facts are odd as you stated them, but there are lots of creditors and scammers out there who do what they can to try to get money out of people. I agree that you should contact your local court to determine whether there is a case against you and then consider contacting a consumer rights attorney.

  3. I agree with the other posters that this seems suspicious. The process of a collection lawsuit typically involves the filing of a summons and complaint with the local court. Under the Michigan Rules of Civil Procedure, that summons and complaint must be served on you. This is typically done by certified mail or by a process server. If you do not answer within the appropriate time, a default judgment can be entered. After that, a debtors' examination could be held (and that might involve the issuance of a subpoena) or other collection action could be taken. You should investigate this issue further to determine if a case was filed and if a judgment has been issued. Based on the results of your investigation, you should consult with an appropriate attorney to handle the specifics of your issue.

    This answer is intended to be for general information in regard to the subject matter only. The posting of this response does not create an attorney-client relationship Matthew D. Budds or Robison, Curphey & O'Connell, LLC. This response should not be utilized as a substitute for professional service in the specific situation. For legal advice or professional assistance in the matter, please consult with a licensed attorney in the appropriate jurisdiction.

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