The company handling my account is Rubin&Rothman for Ford Motor Credit. I voluntarily surrendered a vehicle to the dealership as instructed by FMC about six years ago. I owed $6,000 after the vehicle was re-sold. Unable to pay the $300/month they were demanding, they froze my bank account. I offered them $150/month but they told me it was too small and that their court proceedings were going forward anyway so I might as well wait for it as it was inevitable. As predicted the wage garnishment started about two years ago. I have had no problem with this as it is a debt I owe.

In February of this year, I noticed the garnishment had stopped. I called the Sheriff's department and they told me the debt was satisfied. Sweet!!

About a month ago, I discovered another garnishment to my paycheck. I called the Sheriff's Dept. and they told me it was normal and was probably the interest to the principal that usually gets started later. It made sense, and I an still happy to pay.

Yesterday my wife called me at work and says, "Our bank account has been frozen"! So I called my employer's Legal Dept., the Sheriff's Dept., and of course Rubin & Rothman.

Apparantly, because my employer stopped paying before it was satisfied, yet responded within twenty days of receiving another order for the interest, they are able to freeze my account again. I pleaded with the woman, telling her that she KNEW she was getting the money. She said she does not care. She will do whatever she can to get the money as fast as possible for her client. I responded with the fact that I have Veteran Benefits being deposited into my account. She demanded that I fax her ALL of my bank statements for the last three months and she will determine whether she will let me have some of it.

What does this mean!? Is she overstepping her legal boundaries here?

I got the last three months statements, and blocked out all of my transactions EXCEPT the Veterans deposits but she has not responded yet.

My Legal Dept. is also in communication with her, but she is not budging. I have had $180 in bounced check fees already because it happened right on the day that I was paying bills. I only owe about $900 for the interest and have never shown any ill will against Ford or Rubin & Rothman. I have stopped direct deposit from my paycheck, but it is too late now and it will be another four months (at least) before I am caught up from this recent blow to our finances.

Is there anything I can do?

mr.yet

Was a judgment obtain against you?

Did you receive monthly statements for the garnishment?

What state do you live In?

Do yo have a attorney?

dmoltrup

I believe a judgment was obtained. I was supposed to report to city court but when I talked to the clerk, they had no idea what it was about or where I was to go. I lost, of course.

I have not received any statements for the garnishment other than the initial order, which I faxed to my employer's legal department.

I live in Onondaga County, New York. I do not have a lawyer. I am just wondering if a lawyer would even be able to help. If their actions are legal then wasting money on a lawyer wouldn't make any sense.

Fr_Chuck

This is a "in general" answer, yes they are being very hateful, don't call the sheriff office they don't have any idea what is going on they merely serve the papers that are sent to them.

You should stay in constant communication with the company taking the money, and your payroll department as soon as you noticed it had stopped.
Only a notice of satisfaction that the debt is paid from the court can stop the garnishment ( or of course a court order to stop it for some other reason)

And yes even with a garnishment they are allowed to try and find any and other money you may have, this includes bank accounts. You will have to prove what money you put in came from Veterans Benifits and how much came from your pay check being deposited.

And sadly being nice and trying to work with most of these collectors only makes it worst in they still cheat and try to take advantage of you when possible.

dmoltrup

I have contacted Rubin & Rothman in a conference call with my employer's legal dept. Apparantly the woman handling my account took a personal day today and her vacation starts next week so I spoke with someone else. He told me I have to re-fax the documents because any faxes they receive after 4PM get thrown out.

dmoltrup

Update: My bank account is not exempt for seizure because I have my regular paychecks as well as my VA benefits deposited into it. I am taking corrective measures to change this.

I simply gave up on the bank account after having no hope of lifting the hold. While randomly checking the account about a week ago, my wife discovered the account is accessible again. She pulled the cash that was left in there, and we got a couple bills paid. One problem though, I called Rubin & Rothman to thank her for lifting the seizure. I was informed by them that I should expect a warrant for my arrest due to me not paying the debt. 10% of my pay is taken every week, and I have just under $700 left after paying off over $6,000! I cannot understand this! According to them, after receiving notice of the warrant, I will need to report to the Sheriff's Dept. and will be held in jail until the debt is paid. If I do not report, I will have to pay the debt and possibly face an additional 3 months in jail. It sounds like crap to me, but so does seizure of my account while I am paying!

educatedhorse_2005

If you can prove that you have been making an honest attempt to pay.
The courts will let you go and the garnishment will start again.
Good luck

dmoltrup

The garnishment stopped for about two months (approx. Feb-April). I have been paying it since April.

ScottGem

First, You need to document EVERYTHING. You need a copy of the judgement obtained against you and the name and location of the court that granted the judgement. You seem like a nice person who is expecting other people to be nice as well and that just doesn't happen. What you haven't done is protect yourself against being taken advantage of.

Ask your company's legal dept for copies of the garnishment, you can also contact the sheriff's dept for this info, (though as Chuck indicated, that's all you can expect from them).

Once you have the documents and know exactly what rights you and they have, you can determine how to proceed.

I would also consider trying to find a local consumer advocate (local TV, radio and newspapers usually have such) and see if you can enlist their aid.

While the collection agency was probably within their rights, I doubt if Ford really wants the bad publicity of such draconian measures.

michael66j

If its that rubin & rothman from youre talking about then I am part of thier seizure too. They took my account reversed any check i passed and garnished my paycheck .

I know you probably wont let me say what I think about them on here but lets say that SOB Rothman stepped over the boundry of decency.

I ve trying getting hold of him to talk about it but he wont answer or reply and im well aware that I owe on a bad credit card . but he doesnt have to try and bankrupt me for it.