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creditissues
Dec 31, 2009, 12:21 PM
I appreciate any advice as I'm unemployed losing my job 4 months ago. Due to unemployment I could not keep up with a credit card restitution letter for responsibility payment arrangement from Chase Card. I received a Writ of Execution Notice, Pa. Chester County in the mail and same day my bank account was frozen and my unemployment payment was seized. I'm single, live in a rental home, lease my car and have my 79 year old Mom living with me. She owns her car and most of the large items in the home all come from my Moms former home and she ownes, I take care of the rent. My question is how best to resolve the bank levy with unemployment as well as new
Job direct deposit in near future and how best to protect all things in the home from any sheriff sale? I have not received any notice or sheriff sale date, I was told by county that sometimes they only do the bank funds and not a sheriff sale on possessions, since I own nothing and the home is rented, and my Mom ownes the possesions they cannot touch anything correct? What legal steps should I take to handle this, any documents that I need to file, any court steps that I need to take - please advise. Can this be done without a lawyer?

Also I'm thinking of declaring a Chapter 13 Bankruptcy to organize my debt to pay off. I was also thinking what is best a Chapter 7 or 13? Is this wise?

Thank you

ScottGem
Dec 31, 2009, 12:40 PM
First, there is nothing you can do about the bank levy. You had a judgment legally entered against you. The writ was, most likely, legally executed.

What you can do now, is stop direct deposit of your unemployment. As for your mother's possessions, they are probably safe. Generally they don't want to bother with possessions as they get little money for them so its not worth the effort. You should have your mother prepare a list of all her possessions, with any proof of ownership, then make a statement that this inventory represents a true and accurate representation of her worldly goods, then have her signature notarized.

creditissues
Jan 4, 2010, 01:51 PM
Thank you for your response, I have requested a referral of a lawyer from the county PA, do you think this is best to get a lawyer? I stopped direct deposit of the unemployment payment, I was told that usually they only go after large banks like TD Bank, PNC, etc and to open up a account with a small bank branch, do you agree? How then can I cash checks in the future, isn't it best to get a lawyer involved? The Writ of Execution and Judgement has my name only and not my Moms, however I will do as you suggested with the preparing a list of possessions. Can the sheriff office knock and force there way into our home? If they have a judgement against my bank account, now once they find out that I have no further funds coming into that account, will they then try to take possessions? What are the steps before that would happen?

Thanks for all your advice, I'm contacting the Chester County PA Legal Aid for referral.

creditissues
Jan 5, 2010, 09:05 AM
I also have a follow up, because my local bank TD Bank was levy against my funds I had to close that account. According to the judgement they have also levy PNC, Wachovia, PNC and Citizens Bank which I do not have any accounts with them. I tried to open an account at a small bank branch Susquahanna Bank and my application was declined.

How can I open a bank account with this issue? How best to handle payroll checks etc? Should I get a lawyer at this time?

Thanks

creditissues
Jan 5, 2010, 09:07 AM
Thank you for your assistance, please see the tread of follow up and further questions on the levy, bank and possessions.

Excerpt:

I also have a follow up, because my local bank TD Bank was levy against my funds I had to close that account. According to the judgement they have also levy PNC, Wachovia, PNC and Citizens Bank which I do not have any accounts with them. I tried to open an account at a small bank branch Susquahanna Bank and my application was declined.

How can I open a bank account with this issue? How best to handle payroll checks etc? Should I get a lawyer at this time?



Yesterday 10:51 PM
creditissues Thank you for your response, I have requested a referral of a lawyer from the county PA, do you think this is best to get a lawyer? I stopped direct deposit of the unemployment payment, I was told that usually they only go after large banks like TD Bank, PNC, etc and to open up a account with a small bank branch, do you agree? How then can I cash checks in the future, isn't it best to get a lawyer involved? The Writ of Execution and Judgement has my name only and not my Moms, however I will do as you suggested with the preparing a list of possessions. Can the sheriff office knock and force there way into our home? If they have a judgement against my bank account, now once they find out that I have no further funds coming into that account, will they then try to take possessions? What are the steps before that would happen?

Thanks for all your advice, I'm contacting the Chester County PA Legal Aid for referral.


Thank you.

ScottGem
Jan 5, 2010, 01:49 PM
I doubt if a lawyer is going to provide much help. Again, its unlikley they will try to inventory your home. So don't worry about a sherriff knocking at your door. In the unlikely event they do, they will not have to force their way in, they will have a warrant to enter.

You may need to have someone cash those checks for you for the time being.

creditissues
Jan 5, 2010, 02:28 PM
Thank you, sincerely appreciate your response. Is there anything that I can do legally to stop this mess from proceeding?

Thanks

ScottGem
Jan 5, 2010, 02:46 PM
Pay the debt. Or make some payment arrangement they will accept. That's what you should have done before it got this far.