What can I do about a bank garnishment from a lawsuit against me by a debt collector that I knew nothing about?
Philadelphia, PA
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Posted 4 months ago in Debt Collection
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I am currently an unemployed student. A debt company bought a credit card debt of mine from a couple of years ago. Apparently, they filed a law suit against me in the state of Florida where I used to live. I did not even find out about the law suit until I got a bank levy garnishment against me yesterday. Apparently, they got a judgement against me for $2700 (probably 3 times what I originally owed the credit card company). That is my only bank account. That is where my unemployment checks go, one of which went in today. I am barely surviving as it is and now they have taken my unemployment money and left me with $5 and unable to pay the rent or eat this week. What can I do? I did not even know they were suing me until my account was frozen!
Answers (1)Nicholas Peter Slade
This attorney is licensed in Minnesota.
Posted 4 months ago.
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There are likely several things that can be done. First your unemployment benefits should be exempt from garnishment but you need to go through whatever the process is for claiming the exemption. Second, you may be able to go after the collector for violations of the Fair Debt Collection Practices Act (FDCPA). It prohobits debt collectors from suing you any place other than where you live or where the contract was signed. So if at the time that the lawsuit was started in Florida, you didn't live there the debt collector likely violated the law. Also there is the question of service of process. Generally to initiate a lawsuit, you or an adult in your home needs to be served with a Summons. Without proper service you might be able to get the judgment vacated.
You should contact a consumer rights attorney who specializes in dealing with debt collection matters. The easiest way to find one is through the National Association of Consumer Advocates website: http://members.naca.net/findanattorney/ Most will answer general questions for free.
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