Carefully Drafted Motions Provide Leverage when Disputing Wage Garnishments

A client contacted us after she received a wage garnishment stemming from a judgment that had been obtained against her by LVNV Funding. The judgment was obtained in 2007 for about $6,000 and had rose to more than $11,000 in 2016 when the plaintiff attempted to garnish her wages. The client knew this was related to an identity theft that had occurred at least a decade prior, however, since so much time had lapsed, there was little documentation to prove the identity theft. We filed a Motion to Vacate which argued some flaws in the case, including confusing plaintiff designations, which could be a violation of the FDCPA under existing case law.

Fortunately, our motion persuaded the Plaintiff and their attorneys, Forster and Garbus, to vacate the judgment and discontinue the action against our client.

If you are ever a victim of identity theft it is vital that you file a police report immediately and preserve all records stemming from the investigation, including the initial police report.

If you have recevied a Notice of Garnishment, contact us today for a free consultation.

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