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    BlazinSun's Avatar
    BlazinSun Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 19, 2007, 03:18 PM
    Bank Levy
    I received a bank levy from a lawyer puttin my account as being overdrawn, had little funds in the account. It was all due to a unpaid credit card bill.
    The balance is calling for some 2800 and I only had a dollar in the account.
    I'm asking on opinions on how to go about this from here.
    Is there a way I can get this lifted? I'm trying to talk to the lawyer to work out some type of payment so I can avoid garnishment of my wages, and to also use my account freely.
    The person who worked for the lawyer, we'll call her V asked me to ask my bank for a restraining notice.
    From what I was told by V, if I establish some type of payment plan to cover the debt, they would remove the levy.
    Please run down the good and bad news, and what to do of a lawyer attached levy.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Feb 19, 2007, 07:15 PM
    Ok, their lawyer is not going to help you. You need your own attorney.

    They will only tell you what will help them.

    And why will or should they work out any plan with you, they can just sit back and get 25 percent of your pay already, they have a payment plan figured out.

    Also I guess I ask if your bank account only had a dollar in it, how them taking that dollar, make you bounce any checks, since you would not have wirtten checks on a dollar balance.

    But you need to see if there was some error in their getting the judgement, did you get notified of the hearing, did you go, if you were notified, and just did not go, you gave up a lot of your rights then.
    BlazinSun's Avatar
    BlazinSun Posts: 2, Reputation: 1
    New Member
     
    #3

    Feb 20, 2007, 07:53 AM
    OK, get my own lawyer huh? A bankruptcy lawyer? What type of lawyer do you think I need?
    They claimed that in 2003 there was a judgement brought against me in court. I don't remember going. They said that they tried to notify me and all that. So I guess that's why the levy was placed on the account cause I never went to court. If I would've made it to court, what could've been the outcome? The whole thing being thrown out? What can they do now because I didn't attend?
    V works for a collections lawyer. I asked them if this had anything to do with the IRS, and she said no. She said the levy can last up to a year. That's true because my bank said the same thing. I haven't agreed to any payment plan. I just got my bank to draw up a restraining notice just in case. The collection lawyer seems to want that. I don't plan on giving it to them. But I am exploring my options.
    The credit card now totals 2,838. The bank puts a hold on that amount, in case there was a deposit of that amount, which doubles the amount to 4,000 and some odd dollars.
    If the collections lawyer wants to take 20% of what I make, then their counting must be off. Cause they want to hit me with 100 per month to settle the debt. Do they have some way of obtaining your employer, and income and all that? Pretty sure so due to the SSN. But just asking.
    Do you think I should file a chapter 7? What about opening another account so I can pay my bills and all that for now, until this levy gets removed?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Feb 20, 2007, 09:07 AM
    Whether they made a good faith effort to inform you of the suit is moot at this point. You were aware of the debt and you were dodging it so they obtained a default judgement. They now have the judgement and are taking steps to collect. You need someone to represent you.

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