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

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!

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Attorney answers 4

Best Answer

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.


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.


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 answering your question to solicit you as a client and there is a good chance that I am not licensed to practice law in the state that you reside. I hope that you find my assistance beneficial and, at most, use my advise as a finger pointing in the right direction. An attorney client relationship is not established by posting back and forth online. One of the most beneficial aspects of working with an attorney is the attorney client privilege which does not exist when you post personal facts online to faceless strangers. Hire an attorney if you want specific legal advise. If you cannot afford one, call your local bar association or search "(your city) legal aid" online. The fact that you took the time to post your question online likely means that you could use the aid of an attorney. Call around your area and see if any local attorneys offer free consultations.


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.

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