Garnishment, California, not his debt

[Jeanne Sheldon]

Jurisdiction

California

My friend (yeah, you've heard that before - but really) came into work one Monday to find that his wages had been garnished for a rather large debt. The debt was not his and he had no notification or collection efforts before the court hearing, which he was also not notified of. The company is Palisades Acquisition and they are a junk debt collector, not the originator. Apparently they've made a business model out of matching up people with good credit with names of people with bad debt. I feel certain that he can make this go away, but he is of limited means and the two lawyers that he has talked to have said they can solve it for $2000. Maybe it is just the social justice warrior in me, but I think the company that brought this suit should pay the legal fees and perhaps some additional damages. I'm sure there are others who have been burned on this as well. Am I all wet, or are there attorneys in the Southern California area who are interested in getting justice for my friend. He is feeling like he needs a second job and is afraid of losing his house. I could cover his lawyer fee, but I would much rather the outcome costs Palisades Acquisition and not my friend.

 

[mightymoose]

The collection companies may ultimately be ordered to pay legal fees you have incurred, but the attorney wants to be paid for services now, not later.
If he was never served notice of the hearing then he can probably get a rehearing, but will have to jump through some hoops in order to prove improper or lack of service.
The court clerk won't give advice, but can explain the process to be followed if you claim three was no service. You may be able to take some steps on your own that reduce the cost of an attorney.

 

[adjusterjack]

are there attorneys in the Southern California area who are interested in getting justice for my friend

There are probably thousands of attorneys in the Southern California area who are interested in getting justice for your friend...as soon as your friend pays them for it.

Does your friend work for free?

Do you?

 

[Jeanne Sheldon]

Oh, gosh, no - that is not what I was suggesting. (I am in software engineering and I can't tell you how many people want "little glitches" on their computer figured out, just to be neighborly.) I am happy, very happy, to help my friend cover any and all upfront expenses. I would just like to see the guys who have made his life a living hell for no good reason pay for it in the end. So far, apparently, he hasn't seen anyone interested in doing more than making his obligation go away.

I can understand you feeling sensitive about that, but you made a wrong assumption here.

 

[zddoodah]

The debt was not his and he had no notification or collection efforts before the court hearing, which he was also not notified of.

When was judgment entered against him? This is a critically important question.

I feel certain that he can make this go away

Based on what?

I think the company that brought this suit should pay the legal fees and perhaps some additional damages.

Additional damages for what? As far as payment of legal fees, even if the law provided for that in the circumstances you described (and it doesn't), no attorney is going to take your friend's case based on the hope of getting paid if he prevails. If he wants to retain an attorney, he's going to have to pay his own way. If there is anything to be collected on the back end, then that will come back to him.

are there attorneys in the Southern California area who are interested in getting justice for my friend.

Lots of lawyers will help your friend try to "get[] justice" as long as he pays the lawyer's fees. Conversely, there are no lawyers (in SoCal or anywhere else) who just sit around waiting for the opportunity to "fight for justice" without the prospect of getting paid.

I could cover his lawyer fee, but I would much rather the outcome costs Palisades Acquisition and not my friend.

So...put your money where your mouth is and cover his fees and do so pursuant to an agreement that, if he recovers anything on the back end, he will repay you.