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    Felix Hebert's Avatar
    Felix Hebert Posts: 2, Reputation: 1
    New Member
     
    #1

    Dec 2, 2006, 07:12 AM
    Credit Card Debt
    I was checking my balance in my bank account & found out my bank account has a hold on it for credit card debt. I was not notified. What are my rights-Thanks
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    Dec 2, 2006, 07:25 AM
    Hello Felix:

    You were sued. You lost. You had rights then - lots of 'em. But, when you didn't show up in court, whatever rights you had, went down the terlet. With a judgment in hand, your creditor is going to pursue you, and you can't stop him. If you have a job, he's going to garnish your wages, and you can't stop that either. If you have assets, he's going to put a lien on them, and you can't stop that.

    If your debt totals more than you can handle, the only right you have left is to declare bankruptcy.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
    Expert
     
    #3

    Dec 2, 2006, 08:11 AM
    Yes, you had past due debts, you did not work out payment plans with the people you owed money.

    They filed a law suit against you and got a judgement, some states allow the debtor to merely post this in the legal section of a local newspaper but in general by not paying, you gave them the ability to sue you.

    Once they have a judgement, they may attach your bank accounts, and can also get a garnishment on your paycheck.

    Also if you have checks written on that account, they will bounce and y ou will end up with a lot of bank charges
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #4

    Dec 15, 2006, 09:50 AM
    Hello again Felix:

    Yeah, warm and fuzzy, I ain't. You wan't warm and fuzzy?? Go see Dr. Phil.

    excon
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #5

    Dec 15, 2006, 10:08 AM
    Get a copy of the granishment from the bank, go to the court file Motion to Quash the garnishment, for lack of proper service, lack of subject matter jurisdiction, lack of personal jurisdiction.

    By doiing this it will give you some time to see excatly what happen so you can defend yourself in court.

    You do have rights, so use them. Make them proof their claim.
    Felix Hebert's Avatar
    Felix Hebert Posts: 2, Reputation: 1
    New Member
     
    #6

    Dec 15, 2006, 10:17 AM
    Quote Originally Posted by excon
    Hello again Felix:

    Yeah, warm and fuzzy, I ain't. You wan't warm and fuzzy??? Go see Dr. Phil.

    excon
    Not looking for warm & fuzzy. Not looking for you either. Driving away business is the only thing you seem to be good at!! It must be horrible carrying around such a bad attitude.

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