Need help with LVNV Garnishment for unidentified debt!

Submitted by gacheesehead on Sun, 09/13/2009 - 18:01

I live in the state of Georgia and just received via certified mail garnishment paperwork on behalf of LVNV Funding LLC. These are copies of some of the paperwork sent to State court of Gwinnett County. It was sent from a John P. Farrell who is the attorney on behalf of LVNV Funding LLC. It looks like I received copies of his letter to the Clerk of Courts, Affidavit of Continuing Garnishment, Summons of Continuing Garnishment, Answer of Continuing Garnishment, & General Civil Case Filing Information Form (Non-Domestic). I see from reading past forums on there that LVNV Funding can be shady in their collections and I should be aware before admitting to or even contacting them direct. I’m not admitting to this debt by any means but if I had a guess to what it MAY be from, it may be from a past credit card that my now ex-wife took out in my name without my knowledge or consent and racked up countless debt by purchasing Rx meds illegally. We were legally married at the time this took place but this was not and is not debt I consented to. My questions are:
1) What is the best way to find out where this debt is stemming from?
2) How long before they will garnish my wages or what can I do to postpone this from happening while I dig to find the source to dispute?
3) How do I dispute the charges? I have no idea what card this came from so I have no idea even how old the account is. A best guess would be about 5-6 yrs old.
4) I don’t see anything on my credit report in regards to this matter but am in the process of running for all 3 agencies. If I do find it listed on my credit report what should I do? If it’s not listed on my credit report, do they even have any ground to garnish?

I basically need to know the best steps to go through trying to identify the debt, stop this garnishment in the meantime, and dispute the charges. I appreciate the info.

My advice to you is if it is not showing anything on your credit report then you need not worry as they can not validate the debt.and subsequently garnish the wages.

So if you can convey this all to your attorney you will surely get some good idea how to tackle this situation.

Because if it (debt) is really old enough then wait for some time to pass.

Mon, 09/14/2009 - 13:21 Permalink

talk with attorney ( go to legel aid if you can afford one) They will know how to work this out. Call your court house to see if they have the paper work to. If they have it and you don't show up they will get the garnishment and start taking it out. I think it is 25% of your pay.
Hope this helps

Sun, 11/01/2009 - 16:33 Permalink

Have you checked the SOL for Georgia if it has past I don't believe they can collect from you. But if this is an issue that involves your ex-wife doing this without your consent. I believe I would hire an attorney and get him to handle it for you. If you knew which debt it was you could send a debt validation letter to them and ask for the original contract signed by you. Then you could compare signatures and prove it wasn't yours. But you attorney can advise you as to what to do if it isn't yours. If you do end up sending the dept validation letter make sure to send it certified with receipt so you will have proof they got it.

Sun, 11/01/2009 - 17:04 Permalink
v (not verified)

i live in new jersey, got my pay recently and saw my check was garnish without my knowledge it this legally,dont even know from where

Fri, 02/05/2010 - 01:46 Permalink

Hi V,

You don't know from where or which company garnished your account. That means you hadn't had any judgments against you too. Garnishments are not allowed without any judgment. If the company, that garnished your account, has any judgment against you, they are supposed to inform you about it. Try to contact the company who garnished your wages and ask them to provide you with the details. If you think what they did is illegal, and you don't owe the debt, you can complain about it to the FDCPA.

Fri, 02/05/2010 - 06:07 Permalink
crorkz matz (not verified)

YfSIMn I cannot thank you enough for the blog article.Really thank you! Much obliged.

Tue, 08/05/2014 - 22:58 Permalink