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Hello, my name is Jessica,mMy employer recieved a Writ of Garnishment fro mainstream aquistionsin January yet didn't tell me until April 27th . I would be lying if I said I I never recieved the any letters from mainstream . My issue is that I have worked on and off with the same employer for 3 years. I receive my first letter right after I left the company in November 2015. I ignored my first letter due to the fact that I was no longer working with them and I also have never had any account with chase / Washington mutal. I honestly thought it was bogas. Especially since i keep tabs on my assetts and credit report. And it came out of nowhere with a 1300.00 settlement. So over the next two years mainstream continued to send my employer a Writ of Garnishment when I was no longer their. I received copies of the writ in mail but never a judgment. Nothing ever came up at my other job, so I didn't worry. On April 27th my boss came to me and told me that she had received the letter in January that her accountant had just sent the letter to ADP to handle it. So my boss was in complete fear that she was being sued with my issue and started the garnishment already. She gave me the lawyers number and I contacted him he said that this is something that happened in 2012 that I signed a judgment in Miami Florida. In 2012 my husband and I got a divorce and I move to North Carolina I didn't even live at that address in 2012. I was back and forth and had rented an apartment. So needless to say I never saw any paperwork as far as a judgement or a court date or a certified letter of any kind . When I spoke to the lawyer I asked him what had accrued this debt and did he have any documents with my signature on anything. He was a complete smartass stating that he did not need a document with my signature and that this is a judgment that's been going on for a long time he has my employer taking out 25% of my 2-week commission. As of right now he cannot touch it but it is being held. I don't know what to say to my employer I'm just trying to get this taken care of she should have let me know this from the jump and January but that's not what happened so moving forward. The lawyer that I spoke with, who isn't even with mainstream aquistions corp, he is with O&L law group, of course offered me a buy out of the full dept at that very moment. He told me he would fax me these documents and then he would work with me on a smaller percentage rate as soon as I got the signed papers back to him. Once I read the papers that he sent me there is no way that I'm willing to agree to any of this and just sign. I need guidance as to do I just not contact the law firm and file for a hearing? Should I also seek legal aid due to the fact in March I lost my child and I would have felt comfortable filing for an exemption before March but I don't know if I have any ground to stand on now.
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Hi Coltfan - i've read a lot of your posts and they got me through the first part of a Marvin Dang (Honolulu lawyer) on behalf of Midland with a lot more confidence than I could have mustered on my own - thank you for that.
At the 2nd court appearance where I was about to deny the debt charges, the lawyer representing Dang asked me to step outside I assumed to make an offer. Instead, he said he recognized me through a mutual (good) friend and took a sort of i'm-going-to-help-you sort of posture. I didn't say much as I didn't recognize him. But am close enough to our mutual friend where I was inclined to be open-minded.
He pulled out printed statements from the charge account in question, the front page of which reflected charges that had nothing to do with my life. I didn't look in-depth beyond that until later. In the moment, with my case a few people next on the docket, he asked me if I felt the reflected charges were fraudulent, and if it could be possible that this is a case of ID theft. He then implied that the kind of research he guessed I had done, about continuing to deny the charges and asking for comprehensive verification of proof of debt hand-off, original charge card info and all other strategic steps to pursue the invalidity of the suit, was a waste of time and these kinds of steps never pan out particularly in the Hawaii court system, has been tried and failed many times over.
It was confusing to say the least and my confidence was chipped. I was under the stress of uncertainty as well as feeling the pressure of being called on by the judge, and not being in the courtroom. The lawyer told me he strongly advised taking the ID theft approach, that it would absolutely work in my favor. Perhaps I was a fool to do it, but I agreed. We went into the courtroom, stood before the judge, he asked how I pleaded, the lawyer next to me spoke up and said this appeared to be a case of ID theft, and that he and I would enter the next stages of verifying this, and would present findings at the next appearance.
That was on 3/28/16. I had not heard from him until today - 6/7/16 - with a number of documents to fill out, notarize, and send back by 6/10/16. The next court date is 7/18/16. Amongst these documents are:
1 - "Fraud Questionnaire 073109 Collection Form":
asks if it was 'possible' that I opened a Chase Bank account and that I do NOT recognize Midland Funding the creditor on the account as a result Y/N
If anyone else was authorized to make changes on the account, and if so if it was possible for them to make some or all charges involved Y/N
Statements were mailed to (my actual billing address) and have I ever received mail at that address Y/N
Did I ever make payments on the Chase/Midland card account # (an actual charge card number provided in full) Y/N
Did I ever notify Chase/Midland of fraudulent activity Y/N
Do I contend alleged fraud charges made after I requested the account be closed Y/N
Do I contend alleged fraud charges made after I removed an authorized user Y/N
If I am alleging ID theft, was I victim of ID theft on other accounts as well Y/N (yes)
If I am alleging ID theft, do I know the ID of the person who stole ID info Y/N (no)
If I am alleging unauthorized use of the account, do I know the ID of the person who used the account w/out authorization Y/N
If I allege unauthorized use, id only part of the balance owing made up of unauthorized charges Y/N
If I allege unauthorized use, even if I did not authorize charges, did I receive benefit from them Y/N
Then, triple signature.
2 - *"Affidavit of Fraud Application 110206 Collection Form":
This asks for full disclosure of my current and any past addresses.
My SS#.
If I ever applied for a Chase/Midland card account,
That I did not receive a card from them with the (full) charge card #,
I did not authorize, direct or empower anyone to apply or seek credit with them in my name, or use any account in my name to make charges,
I have reason to believe the following individuals applied for and/or used the card described (2 - name/address/phone sections)
Then, triple signature, and notarization required + commission exp date.
*This is the form that caused me to pause as it asks for a lot of info that i'm suspicious about, feel I shouldn't reveal confirmation of my actual contact info in full to these people.
3 -" Identity Theft Victim's Complaint and Affidavit"
This is a 6-page form that states is "voluntary for filing a report with law enforcement, and disputes with credit reporting agencies and creditors about ID theft-related problems. If asks for very detailed contact and verification info about me, what this same info was at the time of the theft/fraud, declarations, about, documentation, about the above information or accounts, law enforcement report, signatures, and then using this form in lieu of a law enforcement report if one isn't filed to prove each of the companies where the thief misused my info that I am not responsible for the fraud.
I realize this is a lot of info to review in a short window of time, if it's even possible for you to review before Friday (deadline to mail these forms to Dang's office), but if you could give me your thoughts on this, it would be tremendously appreciated! As much as I want to trust this process, and can devise what I think might be appropriate direction to take in filling these forms out, there's a side of me that remains highly suspicious and think I might be getting trapped into something i'm going to regret.
Do you agree?