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MikeJones

Unaware of default judgement in other state, now garnished

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I just received a letter from ADP (the payroll people).  I am being garnished for a debt I have no knowledge of.  Here are the facts of the case:

30-April-2018 I received a letter from ADP informing me of garnishment by Levy Law Firm, on behalf of Pioneer Services a Division of Mid-Country Bank?

I googled and looked up the case on the Fairfax County General District Court website.  Indeed there is a case!!!!! 

Not much detail except that there was a case filed on 23-June-2017 and a Default Judgment was awarded at the civil hearing on 21-August-2017.  The amount is over $6,000 and they were awarded an additional $1,200 for attorney fees and 6% of $3,400 in accrued interest!!!

I triple checked, this debt is NOT located on any of my three credit reports??

Fast forward to 9-March-2018 a Garnishment case was filed and my employer was indeed listed on the bottom of the screen as the garnishee.

I live and have always lived in Cleveland, Ohio.  This case was brought before the General District Court of Fairfax, Virginia.  The address they have listed is an address I am absolutely not familiar with in Virginia.  I have never lived there!

Under how service/process it says "post" for this mysterious Virginia address.  I've never once received a letter or phone call or subpoena at my home address in Ohio.

I am looking for any help!  Where do I begin!

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39 minutes ago, MikeJones said:

Where do I begin!

With a Consumer Attorney ASAP.  My guess is that they served someone with a similar name or there is identity theft going on.  Either way you are not going to unravel this from another state.  You need to find a lawyer in Virginia.  You also need to move quickly because once they start garnishing they funds will eventually be turned over the creditor and be almost impossible to get back.

For what it is worth I lived there 20 years ago and had something similar happen.  I got home after 5 on a Friday to a letter from the DMV stating my drivers license had been suspended for failure to appear in the Chesapeake Court on a traffic charge.  Never mind that I lived on the other side of the state in Richmond and had never been to Chesapeake.  It took a 40 minute phone call to the court where the clerk said she could not understand why my license was suspended she "had nothing on me"!  DUH!  Hence the reason I am calling. I had to argue to get her to do a conference call to the DMV and inform them that they suspended the wrong license.  Turns out they put in the wrong SS#.  

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Yeah, based upon the facts I agree with Clydesmon - this is most likely a case where they are pursuing someone who has the same or very similar name to you and you are not the correct judgment debtor.  First, put everyone on notice immediately.  Your employer, the attorney, and the creditor directly that you have never lived in Virginia and that you believe that the creditor is not garnishing the correct judgment debtor.  And yes, if you have the means, a VA attorney would be very helpful. 

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I have used this consumer attorney, in Ohio, with success:

 

http://www.fairdebtcollectionhelp.com/

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7 hours ago, usctrojanalum said:

Yeah, based upon the facts I agree with Clydesmon - this is most likely a case where they are pursuing someone who has the same or very similar name to you and you are not the correct judgment debtor.

When the dust clears on this could an FDCPA claim be made against the creditor and the law firm for violating in taking an action they are not legally allowed to?  What about damages for any financial consequences of having wages garnished until it is cleared up?

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With regards to the FDCPA, that is an interesting question that I am not sure of the answer to.  The issue would really be standing to pursue a claim since the consumer debt does not belong to OP.  As far as some type of damages for the inconvenience of the wage garnishment, yes, to the extent the damages exist and are worth pursuing, I think viable claim there.

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