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  1. #1
    Join Date
    Mar 2010
    Posts
    2

    Default Judgment Creditor Seeking Collection Against the Wrong Person

    A collection agency sent my bank a restraining order against my account. The problem is it isn't me in the judgment and I have not lived in the state (NY) since 1996? The SS is correct but the name and address are wrong and I called the collection agency and the lady said she would get in touch with my bank but nothing. Now when I call her she hangs up on me. I also searched where the case was and there seems to be no record of this judgment? The bank wants nothing to do with it except the $100 legal processing fee they charged me and they did freeze some monies? The amount is realitively small ($700. and something) but I don't have much so it's a lot to me. Will it cost me more to fight this than it is worth? Also is a Information Subpoena and restaining notice just a notice so the banks hold the money or have they paid it out to them? Any suggestions would be appreciated.

  2. #2
    Join Date
    Mar 2010
    Location
    Brooklyn, NY
    Posts
    27

    Default Re: Judgmment Against Wrong Person - New York

    Depends if you go to Local Court or State court and how badly you want to fight this. Usually, the most I've seen in court fees is a $300 situation.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Judgment Creditor Seeking Collection Against the Wrong Person

    Can you do a better job of explaining what happened? You live in what state? The judgment was obtained in New York? The garnishment order or freeze was placed on your bank account by a bank in what state? Do you have a copy?

  4. #4
    Join Date
    Mar 2010
    Posts
    2

    Default Re: Judgment Creditor Seeking Collection Against the Wrong Person

    I live in Virginia and the judgment was obtained in NY. The bank I use is in Virginia but they have branches in NY and I think there corp. offices are in NC. There legal dept. (which I cannot speak too directly they say) is in Philadelphia. The bank sent me a copy of what they got (Information subpoena and restraining order with my SS and a different name) and the crazy thing is the lawyer for the plaintiff (who signed the information subpoena) just got convicted on March 24th for Visa fraud and is looking at 25-35 years from the feds. Just google it and you'll see. I don't think the documents are legit that the bank got but it would surprise me that they wouldn't know the difference so I assume they are real), this is too bizarre.

    Sorry, the lawyer who was convicted of visa fraud was the attorney for the Judgment Creditor.

  5. #5
    Join Date
    Mar 2010
    Posts
    3

    Default Re: Judgment Creditor Seeking Collection Against the Wrong Person

    Quote Quoting Steve121
    View Post
    The bank sent me a copy of what they got (Information subpoena and restraining order with my SS and a different name)
    That may be the key right there. The way to figure that out is to call the clerk of the court where the judgment was rendered and ask them to check your public record to see if you have any judgments against you. Don't give them your social because they won't have it anyway. If they say they have no record of any judgments against you then ask for the name on the information subpoena. You should be able to prove they put your social on someone else's name. If it turns out that they put your social and someone else's name together and grabbed your money then sue them for wrongful garnishment of your money and get yourself some damages in the process.

    Now then, I realize that explanation could be a bit confusing so I'll explain a bit further. Let's say that Dewey Cheatum & Howe sued John Doe whose social is 123-45-6789 and got a judgment. Your name is Joe Sixpack and your social is 123-45-6689. The two numbers are so close that the typist hit the wrong key and your money got frozen by mistake because they used ss numbers instead of names to freeze the account. Check that out because the way those searches are done is by sending the banks a list of socials to see if they have a match in their records. That is a part of skip tracing and could cause the error. If they did that and got you by mistake then they owe you a big bunch of money for illegal garnishment of your funds..

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