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EJdm
06-01-2010, 11:06 PM
okay so back in 06 i was a victim of ID THEFT and capitol one was one of the creditors....i've file disputes online and on paper with them, put id theft on to my credit file, file it with FTC basically everything but a police report because i've talk to other people and they said its been to long and just do what i have been doing...i receive a letter in the mail that capitol one is now filing for garishment...they're going to take 257.69 out of my check in til the balances is done....the question now is can i do anything to stop this?? any advice would really help due to the economy the 257 would really kill me...

gottraction?
06-02-2010, 08:15 AM
Come see me! Im a paralegal at a firm in atlanta! I know you may not want to but if you file a chapter 7 or 13 we can stop that garnishment!

EJdm
06-02-2010, 09:42 AM
i thought about that but there was 4 credit card open under my name and its all under $4000....4000 and file for chapter 7/13 isnt worth it especially when it isnt mines...im going to look into a consumer protection law attorney to help me on this one...thanks

B18c1Turboed
06-02-2010, 09:46 AM
Has capitol one sued you in court?

EJdm
06-02-2010, 10:10 AM
they file a civil right act against me a few months back but as soon as i received that letter i responded to them and they said nothing...but i never receive the letter for garnishment...my check came in short and i had to talk to HR why, that when HR email me the letters that capitol one had sent them, it was the garnishment stuff..

EJdm
06-02-2010, 10:12 AM
a found a few legal aid office and pro bono but does anyone have a reference???

B18c1Turboed
06-02-2010, 10:26 AM
The only way they can do a garnishment is they got a default judgement in court? Where you ever served any court papers? If so and you didnt appear you screwed!

gottraction?
06-02-2010, 10:30 AM
if a garnishment has started credit counseling will not help you! i have been a paralegal at the largest bankruptcy firm in the southeast for 3 years i know. if you dont think 4k is worth filing them just let them garnish . since they got the order they arent gonna stop until its done unless you file! i say run a credit report to make sure you dont have any other debt then it may be worth it. either 25 percent takin out of your check till its done or you pay attorney fees that are lower! if your looking for pro bono representation you could call atlanta volunteer lawyer foundation but you have to make minimal income!

EJdm
06-02-2010, 11:47 AM
when the collection papers started coming to me i ran a credit report and still have a acct with equaifax...since then nothing new but man imma see if legal aid can do anything if not then mayb i may have to consider chapter 7...im just so freaking piss bc none of this is my doing...there taking money from me that i never spent on them...thanks guys

gottraction?
06-02-2010, 04:19 PM
your welcome man! let me know if i can help! i see people everyday from identity theft but it will fall in your hands even though you never touched that card! if legal aid cant get you pro bono representation and you have to pay some attorney fees! pm me and i can set you up with a consultation for free with us

EJdm
06-02-2010, 10:25 PM
k thanks

EJdm
06-03-2010, 11:33 PM
seems like everyone that call doesnt handle these kind of cases...

gottraction?
06-06-2010, 11:57 AM
yea its cause filing is probaly gonna be your best option

civicturbo10
06-13-2010, 10:06 PM
call clark howard consumer line and get a second opinion on what you should do. I too was a victim of ID theft. I filled out a form denying all balances and made alot of phone calls. Someone had created a cell phone account in texas and ran up a $800 balance. I got it cleared but it was a PITA. Also, consider a credit freeze (no one can open new accounts) and get a credit report to see what open accounts you have. I had to put it tons of time to clear my name....