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    troubledintennessee's Avatar
    troubledintennessee Posts: 5, Reputation: 1
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    #1

    Dec 11, 2006, 05:12 PM
    Garnishment Update & Here we go again, bank levy this time
    Hey all. First thanks for your help and advice on my last post, things just seem to look good, then wham, the bottom falls out.
    Our 1st court date was postponed as Peoples Bank could not produce documents for the judge showing we owed or had the account. That's because there are none as we've never had an account with them so hopefully this Thursday when we go back in we will win. Our court date today went fine with Capital One and they did a stay of garnishment and reinstated payments. Unfortunately we still don't have the 700.00 plus back that they already garnished, but if we win the People's Bank we will get money back from that one.
    Here's the new big blow and I have no idea what to do. With all my pain meds I've got here, I even did some very stupid thinking, but I want to go to heaven so pushed those thoughts aside. I went to the bank today to get money out just to find out we were hit once again. It is through Mann Bracken out of Nashville. What's weird is I have been working with them loyally (so I thought). I was going through chemo at the time the court date that was set and they said they would set another one and they personally would send us a letter as to when it was. (All of this is in writing with the exception of the new court date) In the mean time I made payments to them to show good faith. We never did get a notification of a new court date, nor anything from them to work out a payment plan as Michelle said she'd set up. Instead every cent from our checking account was taken out. Now mind you after the garnishment much wasn't there to begin with. My husbands checks are direct deposit and he called to try and stop them, but it was too late for this pay period. Like I did with the motion to Quash for Peoples bank can I also do this for Mann Bracken and take it to the bank so we can go to court, or should I look closer at the bottle of Morphine, just kidding. Sorry, I've never been so depressed in my whole life. I trusted this lady from Mann Bracken and she outright lied to me and never set us a new court date. Is there anything at all that can be done before his check comes out on Friday?
    Sorry for the depressing tone, it just seems like all is lost and I'd give anything for a little ray of light, at this point even a shadow
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692
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    #2

    Dec 11, 2006, 06:45 PM
    I am so sorry to hear what is happening, I will say this again, NEVER, when did I say,? NEVER trust any collection person over the phone, they lie, they are trained to lie, they are trained to gain your trust to find out more about you, so they can know how to hit you the worst.

    I don't mean this wrong and seldom suggest this ( I don't know I have ever suggested it ) have you considered just filing for bankruptcy and getting a clean start, since it appears you are very deep with several places at this point.
    troubledintennessee's Avatar
    troubledintennessee Posts: 5, Reputation: 1
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    #3

    Dec 11, 2006, 07:21 PM
    Quote Originally Posted by Fr_Chuck
    I am so sorry to hear what is happening, I will say this again, NEVER, when did I say,?? NEVER trust any collection person over the phone, they lie, they are trained to lie, they are trained to gain your trust to find out more about you, so they can know how to hit you the worst.

    I don't mean this wrong and seldom suggest this ( I don't know I have ever suggested it ) have you considered just filing for bankruptcy and getting a clean start, since it appears you are very deep with several places at this point.
    Thanks Fr_Chuck. Lessons learned sometimes hurt real bad. I was smart enough to have most of Michelle's conversations over email and registered mail, even the part where she said she would let us know the new court date as soon as it was given and she was going to make sure it was well enough into the future for my treatments to be done. But I did learn a lesson on trust, never trust a collection agency.

    I myself think bankruptcy would be the solution. My husband is to honorable and says my health got us in this mess and he'll get us out of it, now that really makes me feel awful and he wants to work it out as the main 2 we have are Capital One with a balance of $1,030.00 who is working with us again and made payments very affordable, and now this Mann Bracken who I thought was going to work with us, their balance is higher after they added all their fees, it went from $7,000.00 when I was talking to her on the phone to $11,000 now. We know the People's Bank is not ours and have asked for verification, that is why it was postponed as they had nothing. We've been keeping up with all my doctor bills, but now with no money in the bank and it's refill time for my medications I don't know what we'll do especially since his check is direct deposit and it couldn't be stopped this pay period. His payroll did however change it over to my savings account and he went to the bank and took his name off my account. Do you think it's safe? I am heading back to the clerks office in the morning to see what can be done. I was hoping on a wig for Christmas, now all I want is the direct deposit to be safe LOL. I really don't know what to do as I personally would like a clean start as this garnishment and bank levy really hurt us.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692
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    #4

    Dec 11, 2006, 08:10 PM
    There is nothing un[honorable] about bankruptcy it is a law, it is for people to use.

    The "how" people use it, makes it honorable or not.

    It is for good people who get into trouble over some serious situation, like the hurricane, or seroiuis illness, to get a new start.

    Your husband has some issues he needs to deal with, first he can't fix everything, and in trying to fix this, he is causeing you and him more problems and most likely causing some emotional issueds between the two of you.

    He needs to take care of you ( his family first) and allow you not to have money for medication is not taking care of you. You have to pay the most important bills first, food, housing and then the others, and if you can't pay, you just can't pay . There is no disgrace at all in taking advantage of the program the government has set up just for people like you.
    steveo7777's Avatar
    steveo7777 Posts: 1, Reputation: 1
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    #5

    Feb 17, 2010, 12:20 AM
    Hi, I.m way late for this answer but as you have documentation of an agreement with the creditor which they violated without notice. You need to check your state laws on judgement and usery law. You may be able to get your bank account returned if you abide by your payment agreement. As for fees this sounds like a judgement but the bit about new court dates etc is a deceptive practice which prevented you from appearing at a court date where I assume creditor obtained a lien on your bank. Aside from your medical condition which would have been enough to ensure a new court date. I think you can sue to recover your bank account and reduce the fees. Check with legal services or a lawyer.

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