Who can I talk to for help getting my money back plus expenses? For a wrongful court ordered debt garnishments?
2 attorney answers
I agree with my colleague but I think it might help if you understood how the system works. The court doesn’t take your money. The court conducts the legal proceeding and in this case there was a judgment against someone with the name similar to yours. After that the actual creditor, who won at court, seeks to levy funds belonging to the debtor.
Unfortunately, in your case they thought that you were the daughter even though you were not and they sent the levy through the sheriff to the bank where you had funds. As my colleague pointed out, you need to know who actually got that judgment. Could be a corporation, it could be an individual, it could be a government entity. The difficulty in each case will be somewhat different. I think you should hire a debt collection defense attorney. Google that and you should find some in your area.
This is general advice. You are anonymous. If you PM me i won’t know what it’s about.
It sounds like San Francisco Superior Court but what about the levy officer? Is it a Sheriff, and if so, which County? (They are not always the same; rarely in fact.)
It sounds like you need to sue the entity that took your wages and get them to return your money or have the levying officer release funds to you, or both -- what is the identity of the collector, tax agency or government entity or private debt collector?
Are you in Sacramento now, because that is your location indicated by Avvo.
This is general information and does not create an attorney-client relationship; it is given for educational purposes in the spirit of sharing information on a public forum to provide the perspective of my clients who are consumers, borrowers, tenants, and bankruptcy petitioners. If you send me a direct msg, I won't be able to respond with more info unless you are going to hire me for representation.