Attempted Garnishment of Identity theft account account

spinn · 07-13-2007, 06:20 PM

What brought me to this wonderful board was not to meet Drivel. I am the victim of identity theft and didnt even know I was sued until a few years after the fact.

When I found out what had happened I filed a police report and sent a copy to the people who sued me. I also informed Federal Law Enforcement authorities of this albeit it informally. I did that because the locals do not investigate identity theft (trust me...they do not).

Well....apparently they just attempted to garnish something at a bank I do not use, in a state I do not live in. The courts just sent me a writ of garnishment.

In addition to that....a few months ago they sent me a letter stating they sold the judgment.

Should I send a letter reminding them of the id theft?

I feel I have done that already and this attempted garnishment is illegal. Should I inform the States attorney?

This is harrassment...I believe criminal harrassment. I realize that is for the DA to determine but I wonder how I get them to care?

drivel · 07-13-2007, 07:03 PM

Tell them you know drivel?

spinn · 07-13-2007, 07:05 PM

Ok i will notify the Federal authorities of our friendship...now lets stay on topic pumpkin

Pale Rider · 07-13-2007, 07:16 PM

Quote:

Originally Posted by spinn

When I found out what had happened I filed a police report and sent a copy to the people who sued me. I also informed Federal Law Enforcement authorities of this albeit it informally. I did that because the locals do not investigate identity theft (trust me...they do not)......

In addition to that....a few months ago they sent me a letter stating they sold the judgment.

I would research all the related sections of this here

FCRA 615

(f) Prohibition on Sale or Transfer of Debt Caused by Identity Theft

(1) In general. No person shall sell, transfer for consideration, or place for collection
a debt that such person has been notified under section 605B has resulted from
identity theft.

(2) Applicability. The prohibitions of this subsection shall apply to all persons
collecting a debt described in paragraph (1) after the date of a notification under
paragraph (1).

roybean · 07-13-2007, 07:34 PM

You say you didn't know you had been sued on until years after the fact, correct?
And you say that they tried to seize an account that you do not own? Have you seen any of the court papers regarding this judgment? Is the judgment in the state where you live? Whose name is on the bank account? Or are you saying that someone opened an account at this bank in your name?

spinn · 07-13-2007, 07:42 PM

PR you are good...thanks!! I wonder if that is also considered the selling if stolen property?

RB I have seen the case file and it is a joke...sewer service and a fraudulent affidavitt to support the judgment. Vacating it will not be likely as I attempted that years ago and was not successful for the simple reason that I did not argue it properly...if I had it to do over again, I think I would easily win.

The ID Theft was a credit card. The current attempt at garnishment is at a bank I do not use, in a state I have never lived in.

spinn · 07-13-2007, 11:07 PM

So would sending them a letter reiterating the fact that I informed them it was ID theft, which is being investigated by law enforcement.....and quoting the relevant portion of the FCRA that PR quoted be a reasonable course of action?

Thye violated FCRA 615 by selling the debt...and must be violating something by attempting to garnish wages for a debt they no longer own.

hannah · 07-13-2007, 11:43 PM

Quote:

Originally Posted by spinn

So would sending them a letter reiterating the fact that I informed them it was ID theft, which is being investigated by law enforcement.....and quoting the relevant portion of the FCRA that PR quoted be a reasonable course of action?

Thye violated FCRA 615 by selling the debt...and must be violating something by attempting to garnish wages for a debt they no longer own.

If it was indeed ID theft, then they own nothing.

spinn · 07-13-2007, 11:53 PM

But they owned the judgment.....which I was unable to have vacated because my only arguments were that the account was not mine..and I was not served.

It was an admittedly amateurish attempt at vacating the judgment when I was completely unaware of my rights.

hannah · 07-13-2007, 11:58 PM

Quote:

Originally Posted by spinn

But they owned the judgment.....which I was unable to have vacated because my only arguments were that the account was not mine..and I was not served.

It was an admittedly amateurish attempt at vacating the judgment when I was completely unaware of my rights.

Then now you need to see what can be done now. Let me look at DC law (right?) and I will see what can be done.

spinn · 07-14-2007, 12:03 AM

No I am in Maryland....I have finally found a good FDCPA/FCRA attorney near me but I want to make sure I have something actionable. I have jumped the gun once and dont want to make that mistake again.

I also wonder if lying to the court by saying they own a judgment they no longer own is an FDCPA violation? I doubt it is because they did not lie to me...which is who I assume the FDCPA is meant to protect. But lying to the court must be a problem for them and gaining a garnishment, albeit a worthless one, through deception is not proper.

Pale Rider · 07-14-2007, 12:06 AM

Quote:

Originally Posted by spinn

So would sending them a letter reiterating the fact that I informed them it was ID theft, which is being investigated by law enforcement.....and quoting the relevant portion of the FCRA that PR quoted be a reasonable course of action?

Probably a good start to see how they respond.

Quote:

Originally Posted by spinn

They violated FCRA 615 by selling the debt...

It appears so.

Quote:

Originally Posted by spinn

...and must be violating something by attempting to garnish wages for a debt they no longer own.

But that would be some one else's case if it didn't harm you, because it was not your account.

spinn · 07-14-2007, 01:07 PM

Quote:

Originally Posted by Pale Rider

But that would be some one else's case if it didn't harm you, because it was not your account.

Just to clarify...they are attempting to seize a bank account of mine but I do not have an account at the bank they served.

roybean · 07-14-2007, 03:10 PM

Quote:

Originally Posted by spinn

Just to clarify...they are attempting to seize a bank account of mine but I do not have an account at the bank they served.

Well, why do they think you have an account at that particular bank? Is it a national bank and you have an account in another state? I don't understand?

spinn · 07-14-2007, 05:06 PM

RB I have no idea why they think I have an account at this bank. Maybe someone with my name has an account there and they are just "hoping" the bank will give them the money.

I hope the person whose money they take gets mad too.

"Hope is not a method" Hillary Clinton.

hannah · 07-14-2007, 05:54 PM

Spinn, I was talking to an attorney friend of mine today about a zoning matter and mentioned your problem. He said that if it's not your money in the bank they are trying to garnish, then you have no standing to do anything at all about it.

If it were me, I'd file a suit over the selling of the judgment since it was ID theft and my next step would be to send them a letter telling them you are doing so with a copy of the complaint. Include settlement terms as well.

roybean · 07-14-2007, 08:33 PM

While we're on the subject of bank accounts being seized, does anyone know what it ocsts to seize an account locally (if you know where one banks) and nationally (if you're looking for a sizable account)?