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,
1 Answer from Attorneys
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.