Legal Question in Credit and Debt Law in California
how can i dispute a garnishment that i know is not mine, i never signed a lease, i stayed there as a room mate, this is back from 2004. i called the apartments, they said that we owed 1,000. they charged it off. no money is going to them im guessing the collector they sold it to is now charging me 5000.00. how can i contest, or demand some kind of validation. please help
1 Answer from Attorneys
The fact that you did not sign a lease is no longer relevant, assuming there is a judgment against you and garnishment proceedings have begun. You are liable on the judgment, unless and until that judgment is reversed or vacated.
If it is not too late, you can see if the garnishment only takes the amount allowed under the law. You may be able to challenge the underlying judgment by way of appeal or motion in the trial court, although I suspect it is too late for that. You can also try to negotiate a change in the garnishment with the person collecting the debt.
I strongly urge you to consult with an attorney for an hour or so, to review the documents in your case and get advice.
Best of luck to you.
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