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Category: Legal
Satisfied Customers: 17248
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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I received a wage garnishment from the sheriffs department

Customer Question

I received a wage garnishment from the sheriffs department today. The name is ***** ***** as mine but the address is not mine. I called the sheriffs department and they said to call the law firm. I then called the law firm and they have no accounts associated with my ss# ***** the garnishment is still in effect until the sheriffs department receives notice to stop it. The law firm basically doesn't want to talk to me because they say they have no record of me. What should I do next?
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
this is also not showing on my credit report. it is not my bill.
Expert:  WALLSTREETFIGHTER replied 2 years ago.
Hello and welcome.
My name is***** am a Licensed practicing attorney and my goal is to provide you with excellent service today.
This is a serious matter, and if the debt is not yours, they have violated federal law if they are collecting money from you.
You can file an Order to Show Cause in the Civil Court where the case originated from, and ask for a stay, and ask for damages since the debt is not yours.
Also, consider calling them and threatening them with a lawsuit for damages and a violation of the fair debt collections act.
Customer: replied 2 years ago.
the law firm has no record of an account with my ss# ***** how did this go to the sheriff department and my employer? The last known address is Liberty ny .. I have NEVER lived there
Expert:  WALLSTREETFIGHTER replied 2 years ago.
they may have gone by the name, and found your name through a public name search. This should not be on your name in anyway, and you need to have it removed. Going to the Court is the fastest way, you can bring the judgment or sheriffs notice and advise the Court clerk of the need to file an Order to Show Cause to vacate a judgment.
The Court will also have all the Court papers involved.
Expert:  WALLSTREETFIGHTER replied 2 years ago.
if the debt is not yours, they should also be sued by you for damages.
Customer: replied 2 years ago.
if it was truly my debt it would also be on my credit report, am I right?
Expert:  WALLSTREETFIGHTER replied 2 years ago.
yes, it would have appeared on your credit report.
Customer: replied 2 years ago.
and it is not on there.. I checked again today just to make sure I hadn't noticed. Is there a way that I can accomplish tyhis without assuming additional fees for legal representation?
Expert:  WALLSTREETFIGHTER replied 2 years ago.
you do not need an Attorney to file the order to show cause, the court will have the forms in NY, you should also call the Plaintiffs Attorney and advise them of the matter, and that you will be suing them, them may stop it for some time as well.
Customer: replied 2 years ago.
ok thank you very much.
Expert:  WALLSTREETFIGHTER replied 2 years ago.
good luck, and if you have any further questions please do not hesitate to ask.
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