Legal Question in Legal Ethics in California

wage garnishment/mistaken identity

My husbands wages have been garnished for the second time in two yrs. The problem is its not his debt.The persons who's debt it is has the same first and last name as my husbands but that is where it all ends they most obviously are two different people(different ssn#s drivers license #s home address, county's and so on) . After much time and effort on our part we thought we had cleared the matter up. To our surprise however the matter has resurfaced. in speaking with the debt officer in charge of the matter we are assured that the monies will be returned but my question is do we have any legal recourse to stop this from happening again . It is very unsettling to find that they can just do what ever they want and not get their facts straight first. also the first time this happened his drivers license was suspended. thank you for your time any help will be greatly appreciated


Asked on 4/12/09, 4:16 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: wage garnishment/mistaken identity

Yes. Once your husband receives notice, he should immediately file an objection with the court, appear for a hearing, and have the judge admonish the judgment creditor's counsel. He might ask for sanctions (penalties) if there are further violations.

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Answered on 4/12/09, 5:28 pm


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