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    Nordwest23's Avatar
    Nordwest23 Posts: 4, Reputation: 1
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    #1

    Oct 23, 2011, 01:56 PM
    Debt Collector seizes money from bank account in California
    I have a credit card company that has been pursuing me for the balance due.

    The card was in my name, and my ex-husband ran it up to the MAX. They filed for judgment in the county I live in northern California, and I was never served papers (for the $ judgment part), so they won by default.

    When they 1st filed a summons, I was improperly served, and I responded, telling the courts that the bill was beyond the Statute of limitations. Then I showed up on the court date, and they were not on the docket, so I never talked to a judge that day.

    The last payment I made was in 2002, and the summons was in late 2006, apparently they got a judgment against one of my bank accounts tied to my social security number.

    I have a joint account with my Dad, (he's in AZ, and the account originated in AZ), and last week, BAM! I had lots of overdrafts, along with a $100 'service fee' from the bank. All they could take was 201.80, and there isn't a hold for more funds.

    (I was able to get a deposit/ take out money and use my check card afterward), so my questions are:

    • Can I just file a writ to vacate judgment, allowing me to actually go to court, talk to a judge, and explain they do not have a case due to the statute of limitations?(& improper service)

    • Since the debt wasn't fulfilled by this recent withdrawal, can they continually withdraw funds, or do they have to go back to court for a judgment, repeating the process with the bank charging me 100$ a pop?

    • Should I just remove my name on this account, ( I can still use the account if I have access to a debit/check card, right?), and if I do, will they be stopped from taking more money?

    • Can they lagally remove funds from an Arizona-based account, by filing the judgment here in California?


    I have tried to reason with these monsters, but they are very uncooperative, and demand $4,100, instead of the original judgment of $2,380, which amounts to 5% interest per year. They said they would take a lump sum, but no payments.

    After they seized the funds, I had asked for verification of the debt, and they sent me a 'payment arrangement' paper stating I was to pay 50 bucks a month- which I never asked for, nor agreed to!

    I need some reputable advice - anyone?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692
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    #2

    Oct 23, 2011, 02:30 PM
    You can try and file to over turn the current judgement if you have valid grounds.

    I am not sure what "talking" to the judge is going to do, you don't talk to the judge, you prove facts in the view of motions before the court. So you get the judgement vacated and attempt to get the money taken returned, and do so by proving they had no right to that money.

    This does not stop them from re-filing and in that case you have to defeat them in court when they are filing for the action. At this pont you only over turn the current case.

    You can try to take your name off, but since it already had your name, it could be considered just trying to hide your money.

    Yes, they can keep taking out any money you put in. So if you put any money into this account, they will just take it also
    Nordwest23's Avatar
    Nordwest23 Posts: 4, Reputation: 1
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    #3

    Oct 23, 2011, 03:50 PM
    Thanks for your expedient response:

    When and if- they re-file- aren't they supposed to serve me again whether by service or via mail? They have done neither, for this judgment, EVER.

    All I know is I cannot do this to my Father, it is HIS account- and he will keep it, even if I take my name off it! I need to STOP them, just until I can see a judge... or get into court.. as the case may be.

    Like I said the party in question, Unifund Partners and their associates, have been scandalous from the git-go- and I do plan on stopping them. I live in a small town, and know the Judges, they know Im not some idiot trying to skate out of my debts.

    I just ask that everything is done legally.

    What are the laws regarding a joint account held in other states? I don't expect to get back the $300, but I DO expect to stop them dead in their tracks!

    Thanks again, Kim Nord
    Nordwest23's Avatar
    Nordwest23 Posts: 4, Reputation: 1
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    #4

    Oct 23, 2011, 03:55 PM
    I assume I DO have valid grounds, I have read the CA laws, and I am waaay OK on that- just a matter of provong it in court, as you said..,. When I file for vacancy of judgement, does that stop them legally until I am done in court?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692
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    #5

    Oct 23, 2011, 04:06 PM
    It sounds like valid to me, and yes if you get the case vacated, it stops all action till they refile. You need to check to see how they claim service was done, often it is lies or faked by too many collection companies ( have no knowledge of this firm) Or they do a old address and the such.

    It is always up to the judge to determine if grounds and evidence is acceptable.
    Nordwest23's Avatar
    Nordwest23 Posts: 4, Reputation: 1
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    #6

    Oct 23, 2011, 04:22 PM
    Thank You again for your input.

    I will go down to the courthouse tomorrow A.M. I will find out about the service, and then I will file a writ to vacate judgement.

    God Bless, Kim Nord

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