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    rick298's Avatar
    rick298 Posts: 3, Reputation: 1
    New Member

    Jan 5, 2006, 09:12 PM
    I checked my account online tonight and all my money is gone. I called my bank's 1800 number and they said there is a lien on the account for 2000 dollars.

    I only had about 700 approx total. My account shows overdrawn -1768!! How can they do that? I never received ANY notice of this. I did not know it was going to happen. The bank gave me a number for the credit collection agency to call. Where do I go from here? What happens? Can I get my money back? Can they overdraw my account like that? Now I owe my bank money; that doesn't seem fair.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
    Ultra Member

    Jan 5, 2006, 09:34 PM
    They never notified you?

    Question, is anyone else on that account with you besides you?

    From now on, make sure you tell your bank to never all you to overdraft. That way, you won’t be in a position of owing money to the bank.

    They should have notified you. However, if someone else is on the account with you, perhaps they notified them (as maybe the problem is with them).

    If you are at fault, perhaps a default judgment was make against you.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692

    Jan 5, 2006, 10:38 PM
    For a lien to be placed on an accont there had to be first a judgement against you, then a hearing to ask for that lien. You should have been notified about both of those. Normally you would have been notified at the address last given to the person you owe the money to.

    First do you own the money to the perosn who got the lien.

    What it appears they did was get the money you deposited so as you wrote the checks they bounced since the money was taken when deposisted, this may have been over several deposits.

    And yes they can do this if they got a lien though proper court action.

    So perhaps you were not reading all of those collection letters??

    If you don't owe anyone, if no one else is on the account that may owe someone, there is a problem, but if you owe them the money, sounds like you did not see the letter about a hearing.
    rick298's Avatar
    rick298 Posts: 3, Reputation: 1
    New Member

    Jan 6, 2006, 05:00 AM
    Checked my account this morning--it now says "court levy" on both my checking and savings. My posted balance is 0.00 and my available balance is negative $1,768. How can that be? No, I don't have any outstanding checks or check card purchases. Nothing at all. If they levyed my account, shouldn't it only be for the amounts in there?

    I received no notice. I'm the only one on the account. Back in 2003 my mom cosigned a loan for a vehicle. Ran into tough times, and my mother let her own car get repossessed and then took my vehicle. She claimed she was making payments on it, but she wasn't (yes, I should have known better). She still has the car as far as I know.

    I moved almost a year ago. My number and address are listed in the phone book. I have not received any notice from anyone. My credit report lists a defaulted car loan of over 6k (I'm sure the amount will decrease when I tell the collectors where the car is and they sell it). Where is the 2k coming from?

    What are my options now.. If they took my money over several deposits it's just NOW showing that they took all my money. Please help.
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
    Uber Member

    Jan 6, 2006, 05:19 AM
    I'd have thought the 2K was a balance after the sale of the vehicle, but if your mom still has it, then I can't guess.

    Bottom line: Open an account at a different bank, or they'll take more from your account.

    Then contact the creditor to confirm the exact balance owed, whether they have the car or not - and try to work out a settlement with them.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member

    Jan 6, 2006, 06:39 AM
    They bank must have in their possession a signed court order to attach your account, ask the bank for a copy of it. File a motion to Quash the lien, get with an attorney in your area. You do have the option to appeal.

    Not legal advice, just my 2 cents
    talaniman's Avatar
    talaniman Posts: 54,325, Reputation: 10855

    Jan 6, 2006, 07:39 AM
    Just to be clear, the only way your bank accounts can be frozen is with a court order after a hearing that you are notified of.If you have co-signed for someone then you are on the hook as well as them!(Been there done that)YOU are responsible for everything the judge lays on you so get a lawyer or pay up!Then sue the responsible party to get your money back!See you on Judge Judy! This is avaluable lesson to those who co-sign for someone else!:cool: :eek:
    rick298's Avatar
    rick298 Posts: 3, Reputation: 1
    New Member

    Jan 6, 2006, 07:41 PM
    Thank you all for your suggestions. It turns out the lien is from an apartment complex my mother and I lived in briefly, and not the car like I suspected. I lived with her there for about 4 months, during which the rent was promptly paid (I gave the complex the money order each month). I moved away, and my mother was evicted a few months later. She could afford to make the payments--she chose not to. It's a very big mess I won't concern you with.

    What I find odd is there is no mention of the apartment complex on my credit report anywhere--not even an inquiry. They had spelled my name wrong on the lease originally, so I figured they just pulled my mom's credit and not mine. And no, I never did receive ANY notice before they levied my account. None, not a word. This was a complete surprise.

    I'm figuring out whether I should pay the people back the $2400 I apparently owe or if I should get a lawyer--I don't know if it will cost just as much. How do I go about getting a "motion to quash"? Is it expensive... do I need an attorney?

    Yes, I have learned my lesson. I'm paying for my mother's mistakes. I guess if you can't trust your mother to cosign, who can you trust?

    Thanks again
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member

    Jan 7, 2006, 05:47 AM
    Motion to Quash
    What state are you in? Motion to Quash, will not normally cost you anything, but it does delay the bank from releasing the fund to the plaintiff. You can do a search for the State Law Library in your state to look up t he rule for this. Most Court have pre-print forms for motions to be file. You than will have a hearing on your motion, a change to present you side. Good Luck.

    Not legal advice, just my 2 cents.

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