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  • Dec 15, 2007, 04:40 PM
    cancerpatient
    What can I do
    :mad:

    I called my bank yesterday and my account was -$100. I have cancer and 2 kids. I called the bank and they said that my was garnished for my fullpaycheck + $100. I owe $100 for a hospital bill a year ago and only received one collection notice. How did they get my bank account number and is this legal??
  • Dec 15, 2007, 05:49 PM
    slowandeasy
    In order for your account to be frozen a judgement had to have been entered.
    You should have received numerous letters ,calls and a civil warrant for a court date
    If you got one and ignored it most likely a default judgement was given to the creditor
    Thus giving them acess to your account and in some states your paycheck
  • Dec 15, 2007, 07:23 PM
    cancerpatient
    Quote:

    Originally Posted by slowandeasy
    in order for your account to be frozen a judgement had to have been entered.
    you should have recieved numerous letters ,calls and a civil warrent for a court date
    If you got one and ignored it most likely a default judgement was given to the creditor
    thus giving them acess to your account and in some states your paycheck

    The only information I got was a signed letter from the bank authorizing the release of funds with the bank of america stamp and their lawyer signature.
  • Dec 16, 2007, 04:34 PM
    slowandeasy
    Go to the bank and get a copy [the court order that was given to the bank to freeze your account] this will let you know for sure who has the judgement, you may be able to work out a payment plan but if they have already got a judgement they have little incentive to do so.
  • Dec 16, 2007, 04:36 PM
    ScottGem
    The bank has to give you a copy of the court order. If you were never served notice of the judgement you can get it vacated. But the first stepis getting the court order and finding out the info about the plaintiff.
  • Dec 17, 2007, 04:11 PM
    cancerpatient
    I got all the information. Who do I get it vacted?
  • Dec 17, 2007, 05:40 PM
    ScottGem
    You file a motion with the court that issued the judgement to vacate it in the grounds that you were never properly served. Ask the clerk of the court how it should be submitted.
  • Dec 19, 2007, 11:44 AM
    cancerpatient
    OK, I talked to the clerk of courts. They stated that someone served on 8/11/07 with a writ of judgment. I submitted a letter that I typed out. Which also stated I have yet to receive a letter asking if any of the money was exempt. I dropped it off at the clerk of courts and the law office for the creditor.
  • Dec 19, 2007, 11:48 AM
    ScottGem
    If you did not receive that write on 8/11, then they have to prove you did. So you file to vacate on the grounds of improper service. As soon as you get the vacate order you bring it to the bank to release the funds, then close the account. They will refile for the judgement and this time you offer to settle or fight it.
  • Dec 19, 2007, 11:49 AM
    cancerpatient
    Sorry, it states 8/11/06. I am waiting to see what happens next. Any ideas on what happens next. Should I file for exemptions on my own?
  • Dec 19, 2007, 11:51 AM
    ScottGem
    Doesn't matter what the date was. If you were not served and new nothing about the suit you can have it vacated. They will hold a hearing where the plaintiff has to prove you were served. If they can't prove it, then the judgement is vacated.
  • Dec 19, 2007, 11:52 AM
    cancerpatient
    Ok. Thank you. Glad there is a fellow geek who knows about this.
  • Dec 19, 2007, 11:55 AM
    cancerpatient
    And don't spend 16 hours a day in server room. You might get Cancer.
  • Dec 19, 2007, 11:56 AM
    ScottGem
    Nyah I stay out of server rooms if I can help it. Too cold ;)

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