Legal Question in Credit and Debt Law in New York

I have a question about a judgement against me. My ex open a credit card in my name, and racked up a bill over $5000. she refuses to pay the bill when i confronted her. Now there's a judgement against me to garnish my wages since i have nothing they can reposes. Is there anyway i can get out of this and have them the go after her? after all she did open up the card without my knowledge and my permission. Please help.


Asked on 4/09/12, 4:38 pm

2 Answers from Attorneys

simon goldenberg Law Office of Simon Goldenberg, pllc

It sounds like you may be a victim of identity theft. If you were to assert this defense during the collection process then you might have been able to avoid payment on the debt and have the negative notations removed from your credit report. At this point, you can seek to vacate the judgment and reopen the case in order to assert the identity theft defense. You may also satisfy the judgment by negotiating a settlement or making a payment in full. Depending on your individual circumstances you may also consider filing for bankruptcy.

Garnishment is NOT an optimal way to repay a judgment. There will be additional fees added on by the Marshall and the judgment may continue to accrue interest until repayment is complete. I have successfully helped people avoid garnishment and save a substantial amount of money at the same time. It is important to act promptly in order to reserve your rights and obtain the best results.

My office can assist you in resolving this account. Contact me for more information.

Read more
Answered on 4/09/12, 5:17 pm
David Slater David P. Slater, Esq.

If they have a judgment against you, they must have sued you. You must be served with legal papers to start the suit. If you were never served properly, you can move the court to vacate the judgment.

Read more
Answered on 4/09/12, 5:30 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York