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View Full Version : Order to show cause/restraint.now what?


apriltour
May 9, 2007, 08:47 AM
Ok below is my situation - I got a lwayer who really doesn't give me much info andis hard to get in contact with - what I do knowis he filed an order to show cause and says Cohen Slamowitxz is now "under control" until we go to court on 5/23 - he told me to go and open a new bank account - however CS still has my current accounts frozen - will they remain this way? I thought the court order meant they had to unfreeze my account - my landlord has been sympathetic but the bills are piling up! I need the money out of the account or at least the :red" to go away HELP

PREVIOUS QUESTION:
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 9, 2007, 09:27 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.

exconHello again, april:

This is what I said the other day. Nothing has changed.

I will add this, however: DON'T FOLLOW THEIR LAWYERS ADVICE.

The court is THE ONLY place that the garnishment or frozen bank account can be undone. THAT is where you need to go.

excon