Legal Question in Credit and Debt Law in Michigan
Garnishment Papers from Bsnk
I recently received papers from a bank mentioning a Writ of Garnishment Nonperiodic. The Writ is from a credit card company is addressed to my address but has a different last name than mine. The Garnishee Disclosure from the bank says that for ''Non-Periodic Garnishments'' it is marked as ''not indebted to defendant for any amount and does not possess or control defendant's property, money, etc--Reason: NO ACCOUNT.'' What does that mean? I do have an account with the bank but my legal last name is completely different than who it is addressed to. I never owned a credit card from the credit card company mentioned in court papers. Is this a case of identity theft?
1 Answer from Attorneys
Re: Garnishment Papers from Bsnk
It could just be a typo or a mistake - not necessarily identity theft. You need to contact the person who caused the garnishment to be issued to determine if it is really you they are trying to garnish, and why, or if they have made a mistake. Do your investigation to get to the bottom of it, just in case it is identity theft, and so your money doesn't get taken if the debt really belongs to someone else.
Do you have any unpaid credit cards or any judgments against you? This is likely where it is coming from. The bank didn't process the garnishment since the names didn't match.
If you need a lawyer to assist you, please contact me immediately.
Thank you.