Index: [thread] [date] [subject] [author]
  From: Camden Hutchison <crh2014@columbia.edu>
  To  : <cpc@emoglen.law.columbia.edu>
  Date: Wed, 06 Apr 2005 12:30:34 -0400

Re: real live

You can't garnish someone's wages without winning a judgment against
them, and you can't win a judgment against someone without serving
them with notice that they are being sued.  This is basically the
law in every state (including, I assume, Texas).

If this bank has enough information about your roommate to know
where he works, they should definitely have enough information to
serve him with process.  The scenario that you are describing
sounds totally wrong and illegal.

-Camden

>
> I though that "no place to hide" was a bit exaggerated, you know,
> to
> make it more thrilling, but reality always supersedes. For those
> of
> you who want to enjoy a first-hand experience with identity
> theft,
> here goes my story.
> My roommate’s wages for last month are being garnished by a
> tribunal
> in Texas. Apparently, a bank has sued him for not paying back a
> loan
> of 100.000 dollars he never asked for. He was never served with
> judicial notification, indeed, he's never been in Texas, so he is
> been held liable and the court has issued an arrest warrant
> against
> him.
> That's all we know so far, well, we also know that he wont be
> able
> to pay last month rent, let's see how sensitive landlords are to
> digital-era problems. He is meeting with an attorney today, so
> we'll see. Any suggestions?
> Javier.
>
>
> Quoting Heather Schneider <hms2103@columbia.edu>:
>
> > Remember the discussion we had a few weeks ago about trial
> rights
> > and
> > the fact that in Canada and the UK the press can't write about
> > ongoing
> > trials? Well, here's another example where The Internet and
> > Canadian sub
> > judice rules collide (it even mentions the Karla Homolka case
> we
> > discussed in class)
> >
> > U.S. blogger thwarts Canadian gag order
> > "Canada's long-standing practice of barring news organizations
> > from
> > disclosing what's happening in certain court proceedings is
> being
> > tested
> > by Internet bloggers.."
> >
>
http://news.com.com/U.S.+blogger+thwarts+Canadian+gag+order/2100-1028 3-
> > 5656087.html
> >
> > -Heather
> >
> >
> >
> >
> >
>
>
>
> -----------------------------------------------------------------
> Computers, Privacy, and the Constitution mailing list
>
>



-----------------------------------------------------------------
Computers, Privacy, and the Constitution mailing list



Index: [thread] [date] [subject] [author]