Legal Question in Credit and Debt Law in California

I have a ganisment to my checking personal account, the bank give me the phone from collecting layer office , I did call and disputed the case , back in 2005 they said I own some kind of the money from the financial or car loan , that I don't recall , my questions is why they don't ganis my pay check , how can they withdrew all the money from my bank without papers or hand writing, by the statue limitation of California anything hand writing will be charged off after 4 years , if you can help me to deal with this matter,


Asked on 1/23/16, 12:04 am

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

They can't just seize bank account or garnishment paychecks without having gone to court. The fact that these thing are happening means that they filed a lawsuit against your or someone with a similar name and got a judgment. You'll probably need to get an attorney to look up the original court file and figure out what happened before coming up with a specific plan of action.

The might have the wrong person or they might have gotten a judgment without properly serving you. Or you might have been properly served and forgot. Depending on the facts, you might file a claim of exemption, file a motion to vacate the judgment or bankruptcy.

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Answered on 2/04/16, 6:03 am


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