Author Topic: help! wrongful/fraudulent child support claim - wages about to be garnished!  (Read 1742 times)

Offline elik

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Some idiot in Queens County, New York by the name of Juan Collado-Pichardo either fraudulently or erroneously used my SSN in processing a Child Support Claim.
Subsequently an IWO (withholding notice) was sent to my payroll dept, and even though the name is clearly not mine, neither do they have an employee working for them with that name, just someone with my SSN, they are still saying I have to prove that it's a wrongful case, and get a termination order, and have sent me to the issuing agency which is the NY Child Support Enforcement. They in turn told me there is no-one who can help me over the phone, and I to write to them, which I have done. I live in California now, so cannot even pay them a visit.
Anyone know a lawyer I could speak to as I'm sure I have some sort of right to sue whoever put me in this mess.
Many thanks!
Eli

Offline henche

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Why not show them these FAQ's from the California agency that runs this, which has this question and clearly states that the employer is supposed to call the agency and clarify it.  http://www.childsup.ca.gov/Employer/IncomeWithholdingFAQ.aspx

If they send the money, who knows if they'll be able to get it back from whomever the fraudster is, and it makes sense that will be their problem if they didn't even follow the agency's rules.

Offline elik

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Why not show them these FAQ's from the California agency that runs this, which has this question and clearly states that the employer is supposed to call the agency and clarify it.  http://www.childsup.ca.gov/Employer/IncomeWithholdingFAQ.aspx

If they send the money, who knows if they'll be able to get it back from whomever the fraudster is, and it makes sense that will be their problem if they didn't even follow the agency's rules.

It's not the california agency, its the New York enforcement agency, and my payroll did not reject it even though it's not my name!

Offline kangarruu

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Some idiot in Queens County, New York by the name of Juan Collado-Pichardo either fraudulently or erroneously used my SSN in processing a Child Support Claim.
Subsequently an IWO (withholding notice) was sent to my payroll dept, and even though the name is clearly not mine, neither do they have an employee working for them with that name, just someone with my SSN, they are still saying I have to prove that it's a wrongful case, and get a termination order, and have sent me to the issuing agency which is the NY Child Support Enforcement. They in turn told me there is no-one who can help me over the phone, and I to write to them, which I have done. I live in California now, so cannot even pay them a visit.
Anyone know a lawyer I could speak to as I'm sure I have some sort of right to sue whoever put me in this mess.
Many thanks!
Eli

SM sent.

Offline henche

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It's not the california agency, its the New York enforcement agency, and my payroll did not reject it even though it's not my name!

That's odd. How can your california employer be meshubed to an out of state agency.

In any event, find the same info on an NY site and show that. To them

Offline elik

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That's odd. How can your california employer be meshubed to an out of state agency.

In any event, find the same info on an NY site and show that. To them

BH after almost two weeks of being held in the dark my payroll dept finally called me today to admit that they had spotted the error (D'oh!) and that they will writing back to the NY enforcement office pointing out their error. Thanks for your advice in the interim. It was good to vent and be heard!