Aurora, CO asked in Consumer Law and Collections for Colorado

Q: I'm being garnished for a debt I don't even know if I owe from 24 years ago. How can I get ANY info on original incident

IE; the year occurred, who owed to, original amount owed, any $ pd towards already. They are planning on collecting close to $10000.00 from me for this "mystery debt" I supposedly occurred 24 YEARS ago (the lawyer has been going to court every 6 years on it, unbeknownst to me). I am a single mom with my son in college & I CAN NOT afford to be garnished 25% for what I figured to be about 5 years, especially an "outrageous amount", on a debt, I don't even have a clue if it's even mine. I believe this firm is abusing their power. I requested all this info from them in writing & all they replied was Wells Fargo. I don't recall doing business with them, but then again, it was 24 yrs ago. If there's nothing I can do, I will claim bankruptcy asap, so I can survive. Thank you

Related Topics:
1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: Lenders can make mistakes, but if there are court orders there is a better likelihood that there is some merit to the lender's claim. Bankruptcy is an option. You will need to contact a bankruptcy attorney for a full review of your situation (also mention the vagueness of the debt). Unrelated, it seems very strange to me that you did not receive notification of the debt when the courts became involved. While notice via publication is possible, a defect in notification (that can be proven) automatically voids any court order/judgment.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.