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

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1 Lawyer Answer

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.

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