what to do if my wages are being garnished for a debt that actually lists my mother as the original debtor?

She lives with me so they are now going after me. I’m not even sure how they got my SSN. This is the third time but in the previous EWO, my claim of exemption was not objected. So now I have to request a hearing. I don’t have any disposable income and I can support this, but I feel a little uneasy this time around. Should I take an attorney with me to court or is this something I can probably handle on my own.

Asked on November 9, 2012 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, I would consult with and take an attorney with you to court.  It is time that the matter was resolved completely and I think that you need to get to the bottom of how they did obtain your social security number or a judgement against you for the debt of another.  This is completely illegal unless you were also an original debtor to the creditor.  Good luck.


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