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Being sued, how to proceed

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marathonmama24
Regular Contributor

Being sued, how to proceed

Ok, long story, but please bear with me..

 

 

Waaaay back in 2009, my husband started getting letters from a lawyer's office attempting to collect a debt. I sent a letter to the company disputing the debt, and didn't hear anything back. I figured they learned the debt wasn't his, and the files went away. WRONG. 2010 We get a letter from the same company, offering to settle for 60% of this debt. Again, I send a letter and hear nothing back. A few months later, he starts getting wage garnishments! I called the lawyer / collection agency and start asking questions. They wouldn't talk to me because the debt was in my husband's name. We felt defeated and just had to take it. The garnishment only lasted a few months, and we were back on our feet.

 

January of this year, they popped up again, wanting to settle this debt again. This time, I let it go, figuring the statue had long passed. Today, we come home to find a letter in the mail - they are going to be garnishing his wages again.

 

After some digging, we found a default judgement against my husband from 2009. I believe this a case of sewer service, as the address listed that the summons went to is my husband's parents address, and they never saw anything of the sort.

 

We are absolutely positive this is not his debt. Never heard of the company suing him (Erin Capital Management) and never had any bills anywhere near the total of 7,000+. What do we do? If we call the police and file a complaint, can we get this judgement reversed? This is someone elses' zombie debt that will not die, and they've got enough of our hard earned money already!

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1 REPLY 1
gdale6
Moderator Emeritus

Re: Being sued, how to proceed

 If this is ID Theft you can file the necessary reports here is the thread to review on it http://ficoforums.myfico.com/t5/General-Credit-Topics/Victim-of-Identity-Theft-What-To-Do-to-Protect...

 

Since you already have a judgment and garnishment is imminent on debt that is not yours you need to contact an attorney for a consultation on how to proceed. I would not presume to offer you legal advice and that is what you need. I wish you luck in this Smiley Happy

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