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Garnishment Release, Banks and Debt Collectors

Date: Mon, 10/06/2008 - 10:49

Submitted by anonymous
on Mon, 10/06/2008 - 10:49

Posts: 202330 Credits: [Donate]

Total Replies: 3


My mother is 82 with Alzheimers. My brother, who is 41 is her caretake and has mestases Melanoma (Stage IV). Last year they moved. A debt collector apparently purchased a debt and filed for non-peridic garnishment of their joint checking account, which was approved by the court. My brother never received anything at all as we just discovered that everything was sent to their old address and the tenant at the address (my brother rents it out) never notified him. To try and make a long story as short as possible:

We received a Garnishment Release on Sept. 22nd from the court since the deposited funds in the checking account are my mothers Social Security and my brothers Disability. I now have Power of Attorney for both my mom and brother as my brother will be starting Chemo very shortly and will not be able to handle any stress. We opened a new account in my borther's name only at a new bank, gave them the Power of Attorney forms and I also sent a letter to their main office and the branch the account was opened stating that the deposited funds in this account are exempt for garnishment, levy, etc., and that they are to notify me if anyone whatsoever inquires about this account.

My question is this - I read the "validation letter" template that JC posted and thought that it was very good. Would it be a good idea for me to do this also as I truly believe that this debt was for a credit card that my father had, he passed away in 1995 and my mother was not on the account but had a card. I did get my mothers credit report and can not find anything on it with the amount of the debt that IDT claims and I have no idea where this debt originated. I am trying now to protect my mother and brother from any further action by IDT. If anyone can help, I would really appreciate it.


Check with the clerk of the court where the judgement was issued, you can then ask to have the judgement vacated for improper service, since your mother was not properly served. You can also find out if the card was in your father's name only. If your mother was not a co-signer on the application, she is not liable for your father's debt.


lrhall41

Submitted by on Tue, 10/07/2008 - 02:53

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What state are you in? Generally, you can try to have a judgment vacated/lifted at this late date if (1) the defendant was not properly served with the lawsuit, (2) the statute of limitations on the debt expired prior to the lawsuit being filed; or (3) the debt did not belong to the defendant. It might be a good idea to consult with a consumer credit attorney in your state to see what your options are - you can call your local county bar association for an attorney referral.


lrhall41

Submitted by davidw on Thu, 10/09/2008 - 20:04

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