Q: Can and should I file a suit for a lawyer placing a charge on my account because they got the wrong person?
My father and I have the same name just Sr and Jr difference, we used to live at the same address but no longer. The collection lawyer was looking for him and got my online checking account that I use for my personal and eBay sales. I spoke to the lawyers who did this and was told they would fix it but it been over two months and I still have no access to the money I had in the account “under $100” or use of the account. Because I couldn’t take payments from people I lost over $500.00, I since opened account with another company to take payments. I also spoke to my bank and informed them of this and was told they would also try to intervene but no concussion has came from that also. The account in question is now -$10,900 + dollars & if this affects my credit rating because of this can I see restitution for that also?
A: By rule, you had 30 days to file a written objection in court to the garnishment of your account. Separately, creditor potentially faces liability under both the federal and Maryland fair debt collection practices acts if they do not promptly remedy their error, and may be liable to you for civil damages as well as reimbursement of attorney fees. You are not likely going to get lost business profits in any civil claim; however, a judge may consider that evidence in deciding how much to award under the fair debt collection practices acts (each violation carries up to $1,000 in civil damages that may be awarded in the judge’s discretion based on the egregiousness of the conduct). To pursue these consumer remedies, you will need to file a separate civil action. In the meantime you should immediately file a motion objecting to the garnishment and requesting the release of your account.
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