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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17509
Experience:  B.A.; M.B.A.; J.D.
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I had a credit card in 2000 and defaulted on it around 2003

Customer Question

I had a credit card in 2000 and defaulted on it around 2003 or 2004. The card was written off by the original owner and a string of unknown collection companies began to harass me for payment. In 2014 a company by the name of LVNV Funding LLc began to put letters on the door of my daughter. She and I thought that the debt had been written off and no response was needed. Well, we were certainly mistaken, the people has obtained a garnishee against my daughter's slight wages and for twice the amount owed. How do I cure this problem?I am not sure who the care was through. Please advise.
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 9 months ago.

Could you explain a little more?

Why did the Court allow garnishment of your daughter's wages when you are the one who owed the debt and not your daughter?

Did you receive a notice of the lawsuit, but did not file your answer with the Court?

Customer: replied 9 months ago.
Because her name was first and I was the co-signer. She could not pay because she was not employed, I am a retired school teacher and they did not come after me. She was employed with K-Mart during the time they had written off the debt but did not come after her at that time.
Customer: replied 9 months ago.
My daughter did receive an order from the courts and did not file. It was taped to her door, we thought it was not real.
Expert:  Phillips Esq. replied 9 months ago.

Thank you for the information.

You need to contact the debt collector/the law firm handling the case for the collector to resolve the issue. If the collector refuses to cooperate, then you need to file Motion with the Court for the return of the excess garnishment. You can obtain blank Motion form at the Courthouse in the Clerk's office.

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