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I am the victim of mistaken identity in a small claims

I am the victim...

I am the victim of mistaken identity in a small claims judgement against my son Darral Lee Spurgeon Jr., I am Darral Lee Spurgeon Sr.. Summit Judgement Recovery LLC (Ronald Richards) has filed a Levying my bank account. I have tried to call him numerous times, he will not answer his phone. I responded to the levy, explaining he has the wrong Darral Lee Spurgeon, his response was to imply I lied under threat of perjury. I want to sue the noted recovery LLC.

Lawyer's Assistant: Can you tell me what state the LLC is registered in?

California

Lawyer's Assistant: Has anything been filed or reported?

Yes

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Answered in 12 minutes by:
10/30/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,670
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. Give me a moment to reply with the information you are seeking for educational purposes only.

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Your first step is filing an "objection to levy" in the court where the order of levy was issued. Complaining to these debt collectors is useless, they are pretty much unethical bottom feeders and all they care is about getting the money from somewhere so they can get paid. In the court that issued the judgment, if you prove to the court they levied the wrong account and then refused to correct the matter when notified, you can seek not only the return of your money, but also attorney's fees and any loss of interest and fees you incurred for their improper levy.

So, you have a recourse, but it is not filing a separate lawsuit, it is filing an objection to levy in the court that issued the order and recovering your money through that court.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
Thank You, ***** ***** I get an "objection to levy" form?

Thank you for your reply.

Here are the instructions for the exception to levy and it contains links to the forms as well as the form numbers. See: http://saclaw.org/wp-content/uploads/sbs-claim-of-exemption-bank-levy.pdf

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,670
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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