View Full Version : Bank account frozen and Wages Garnished
apriltour
May 4, 2007, 08:59 AM
Ok - I own up to the debt - however - I was told by the original lenders (its for a car) that the debt was writtenoff by p&l they even removed it from my credit report this was years ago - fast forward toMonday - I get a note from my job saying there is an income execution so my wages are being garnished so I find out its cohen slamowitz midland funding they bought the debt from ford Motors now I go to buy lunch and bamn! My debit card declines.. call the bank and they direct me to cohen and slamovitz who tell me if I pay them 1000.00 they MIGHT lift the bank account restraint- meanwhile I don't have a penny in my pocket because my pay goes direct deposit and well the account is restrained. My question is - I owe the debt and because I had fallen on hard times could not pay it but I have been working now for 1.5 yrs and I am in a better position - how can I get the restraint lifted from my account as they are already taking the money from my paycheck - also I was never served or even received any papers but they served on some address that I never even heard of to some guy who has the same last name as me but I don't know who that is its been amonth and I have no money my lights went off yesterday - I don't have any food for my kids and the only reason I can get to work is because I have a monthly pass is there anything I can do?
excon
May 4, 2007, 09:10 AM
Hello april:
It's a long shot, but go back to the court where they got the judgment. File an emergency motion to set aside the judgment due to insufficient service. There's all sorts of information here already written for you by our debt expert Mr yet, so look around. You'll probably be able to see a judge on your visit. Tell him the stuff you told us. He'll, hopefully, lift a portion of your income or account from their clutches, and you can feed your kids.
Of course, if you can borrow the blood money they're asking for, that would be faster... I know, that's probably not something you can do.
excon
apriltour
May 4, 2007, 09:55 AM
Also- I was wondering can they attach my credit cards? I can afford tomake a 58.00 payment to try and keep m,y credit from just going kuput - but not sure if they will take that too.
Fr_Chuck
May 4, 2007, 10:07 AM
No they can not attach credit cards.
But yes taking the money from your bank accouint and a garnishment on your wages is common and is what they normally do. And no they don't care if you can't pay your bills.
You can file a motion to set aside the judgement if you have cause.
If you were not properly served, also if this debt is that old, it may have been past its statue of limitation.
apriltour
May 4, 2007, 10:37 AM
Thank you! Honestly I had just started life over and was paying credit cards bills on time and then this happened - I was very afraid they were going to go after the credit card - as for the judgement - will they continue to keep a restraint on the account even though they have taken quite a bit of money from my pay already? Will I ever be able to use that account again and or can I get another account? Will they attach that one as well?
This is a hard learned lesson but folks all I can say is pay your bills because they WILL get you in the end!