About Michael Brotherton Expertise Consumer/Debtor Rights Advocate.
Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years.
Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com.
FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY.
Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be.
Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems.
www.financialemergency.com (copy and paste in browser).
Experience Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
Collections Law - Chase Bank garnishing my wages for a debt I do not owe
Expert: Michael Brotherton - 9/18/2007
Question Mr Brotherton, thanks for your time. I'll get straight to it. My employer called me today and told me that my wages were being garnished, and sent me info. It was a court order from Fulton County, Georgia that was sent to them by a law firm acting as debt collector for Chase Bank NA, naming me as plaintif, for something in the neighborhood of $13,000. I have not had a Chase Bank card for over 15 years, and it was paid off when I cancelled it. This is the first I have even heard of this attempt to collect the debt. Suffice it to say, we had the same problem with them over a year ago, and I received a subpoena on that one. We called Chase, and they said we owed them nothing in that particular incident. My employer says they have to take out the garnishment until they have court documentation telling them otherwise. I called Chase today, and they have to research, because my SSN is not coming up in their system, and the debt collector will be called in the morning (closed now). Hopefully I will get this straightened out (again). If they garnish my wages, what do I need to do to get my money back? In addition, what do I need to do to keep this from happening a third time? I am also sure I will have to do something to re-establish my credit. I live in Georgia, if that helps. This whole issue is about to drive me crazy, and I really appreciate any advice you can give.
Answer You have a right to a hearing if you request it before the courts send the money to the attorney, possibly afterward. Make them prove you owe the debt and take whatever documentation you may have to the hearing. Contact the attorney as well and ask them to verify your ss#. If they don't oblige you file suit against Chase and the attorney for damages and demand they restore your credit. Check court records and research the case number to see when they filed suit and if there might be someone with a similar name. If it is in fact someone else they must restore you whole and correct your credit. File an affidavit with the courts in this case with ID info stating you are not the debtor in question. If they sued you before any statute of limitations and you did not defend yourself you may be stuck with it.
You may need to consult an attorney in your area. You may be able to get damages.
