Can I sue a debt collector for garnishing my paycheck and taking money from an old debt that was closed by the government for the company’s fraudulent behavior?

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Can I sue a debt collector for garnishing my paycheck and taking money from an old debt that was closed by the government for the company’s fraudulent behavior?

I had a credit card through continental finance which was 6 years ago and the company that bought it is granishing my wages even though the fdic cases state that all the accounts are to be dismissed. Is this possible. I cannot find a lawyer that specializes in this.

Asked on January 13, 2013 under Bankruptcy Law, Maryland

Answers:

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

Answered 8 years ago | Contributor

More information is needed and the paper work has to be reviewed in order to give you any guidance here on the matter.  Obviously if what you state is the case then there is recourse.  What alarms me here is the garnishment with out any notice.  That is generally not the case.  There had to have been some kind of action and default where a judgement was rendered.  I would start with contacting your state attorney general's office.  Any good litigating attorney can also help .  Good luck.


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