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-   -   Garnishment on our bank account (https://www.askmehelpdesk.com/showthread.php?t=54154)

  • Jan 12, 2007, 11:23 AM
    confused13
    Garnishment on our bank account
    Two days ago I found out that a collection agency has gotten a court order fro a judgment against our checking account. Apparently this was for a debt my husband had. We are both on the checking account. My Apparently never received a letter, notice or anything else to notify us that there was a judgment or an unresolved debt. Two days ago when I was trying to punches groceries and my card was declined I called the bank and found out about a hold on our account for $2009.30. They explained to me what it was for and gave me the number of the collection agency. My husband called the agency and they told him that this was for a 3-4 years old telephone bill for $987 dollars which plus the late fees and whatever other fees they came up with is now $1,233.45. I immediately pulled a copy of my husbands credit report and surly it was on it, but as $1,185. I am dealing with this old phone bill separately now because it turns out if was for an apartment we were renting after we had moved out already.
    Any way my main concern is my bank account. Now I cannot use my money. I have send out bills that now will be returned and I will be a charched return check fee. Also, yesterday when I logged in to check that same bank account, which was still positive after the $2009.30 holds it, was now negative; because as my bank by Illinois law explained it they are supposed to hold double the judgment amount.. . and the first time they made a mistake and held the wrong amount, now they fixed it, but each time they charged me $50 service fee. Not only that but I can't see online the second hold. My ledger balance is positive and my available balance negative... because as my bank said what I see online is not in real time! Well I do feel like I am not in real time... I am in the past or in the future even I can figure it out because this is becoming more and more confusing every minute. My available balance changes every hour from one number to another.
    What is making me even more upset and confused is the fact that my husband contacted the collection agency immediately and they agreed to release the judgment if the bank pays them as I suggested, so that I don't have anymore returned checks for bills I have mailed out... such as mortgage, car etc. The collection agency says the bank is not returning their calls, the bank says no one called.

    I don't trust any of them and I don't know what my rights are at this time, and what I can do to resolve this ASAP so I can avoid additional fees from left and right?


    PLEASE HELP ME!!

    Thank you!:confused:
  • Jan 12, 2007, 11:43 AM
    KMSRyana
    I would suggest you take the initiative and figure out a way to do a conference call, where you, the bank, and the collection agency are on the phone at the same time. That will ensure that nobody is "passing the buck" or ignoring you. Also, if you know the date that your husband made arrangements with the collection agency, you may be able to convince the bank to drop the fees they've charged you from that date until now.

    Good luck.
  • Jan 17, 2007, 01:11 AM
    Wesly
    Call and ask for fees waved if they say no, ask someone else, someone is going to do it, sometimes a manager can wave more fees then a teller, so in that case contact the manager. If a bank charges a fee it can be waved, it's just a matter of how much BS you want to go though to get it done. If you have sent a check to your mortgage company chances are you'll have to call them and get the return check fee they'll charge refunded as well.
  • Jan 17, 2007, 04:03 AM
    mr.yet
    File Motion to Quash the Garnishment at the court that issued the judgment, this will give you some time to sort off what to do. Do not put any more funds in this account.
  • Jan 17, 2007, 07:53 AM
    ScottGem
    I agree with Mr Yet. Go back to the court and file a motion to vacate the judgement on the grounds that you never received any notification. That should buy you time to free up your funds and negotiate a settlement.

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