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?