Legal Question in Credit and Debt Law in California

Identity Theft - Phone bill placed with my ssn & theft

6 accounts were opened with pacific bell under my name & ssn. The collections agency for pac. bell sent me to court, I was summonsed at work to appear to court. I called the collection agency and explained that it wasn't me and the person I spoke to said she'd help me, I never heard from her and now they are going to garnish my wages. I called pac bell and their fraud dept, I called the Federal Trade Commission, I placed an ID. Theft report with the sherrif. My question is where do I go from here to stop the garnishment? Everyone has told me and infact the Federal Trade commission placed a complaint against the agency, due to the person their never told me or offered me a fraud packet. which apparently would have stopped this situation from going this far. I just called the agency and left a message asking them if they can stop the garnishment due to the fact that I have ref. #'s and claim #'s from the sherif and f.t.c and corporate fraud dept. of pac bell. but I haven't heard back from anyone.

What do I do now to stop the garnishments & clear my record?


Asked on 7/18/02, 1:37 pm

1 Answer from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Identity Theft - Phone bill placed with my ssn & theft

When you say that you were "summonsed at work," I take that to mean that you were served with a Summons and Complaint while you were at work. You then had thirty (30) days to appear in that case, which I take it you did not. As a result, a default judgment was entered against you and the garnishment was secured in aid of execution of that judgment. Your only relief now is to move the court for relief from your default, and vacating the judgment, which you appear to have grounds to achieve, and then defend the claim of the creditor. You should have paid attention to the Summons and Complaint. All, however, is not lost.

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Answered on 7/23/02, 12:41 pm


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