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If this is up twice forgie me I didn't see what I typed posted.
My bank acount has been seized by a debt collector for an credit card(s) that were since 1997. Is there anything I can do?
They said I have to signa paper to relaease the monies in my account to them or they will take my possessions. Is that true?:confused:
You must have been sued, and a default judgment was awarded.
Do you recall getting notice of a court date or hearing date for the suit?
I moved this to the Bankruptcy and Debt forum. Please look through the existing threads in this forum. You will find a wealth of information because many others have gone through similar situations.
If you have any specific questions please ask.
Do NOT sign anything at this point.
Ok I'll look through the Bankruptcy 7 debt forum. By not signing can they go after my pay check & possessions?
They have already gotten a judgement. Your signing or not signing won't change that. Its highly unlikely they will try to seize possessions but they can go after salary or other cash assets.
It is the same thing over and over, people don't read.
Call the bank and ask why you account is seized, they'll give you a reason and probably a court name. I don't even think that your account is frozen, if they had a judgment they don't need you to sign anything, the'll just take your money.
Call the court and ask them what is going on,if there is a judgment entered against you ask them how to file a motion to vacate.
If you file your motion make sure to mention that the Statute of Limitations is past (from 1997 is 11 years) and if you wasn't served say it so.
Don't ever sign anything coming from a debt collector.
Once you get the judgment vacated go to small claims and file lawsuit against the collection agency for violation of the FDCPA,especifically missrepresentation of a debt, they filed lawsuit after the statute of limitations was expired and there is case law about it, you might get $1000 in statutory damages plus any expenses they have caused you. The same thing if there was no judgment after all... Sue them for the same reasons, in that case they had been trying to fool you into paying using false legal treahts.
Carl.-
Quote:
Originally Posted by TheCleaner
This is inaccurate legal advice on several levels - the only reason to get the judgment set aside at this point if because OP was not properly served. This is not when the defense to the debt is raised; you don't just "call the Court and ask what's going on," at least in any Court I've ever been in; you cannot get statutory damages on a case like this. Anyone can sue anyone for anything at any time - this happens all the time. OP is most definitely not going to get statutory damages plus expenses.
Bad and terribly inaccurate legal advice.
Do you work in collections? Banking? Law?
In order to see other ways to vacate a judgment please go to https://www.askmehelpdesk.com/bankru...ed-238125.html I gave you an answer there.
You call the Clerk of Court office and ask, no need of being an attorney to do that, they can speak plain english.
You can get statutory damages if the collector had missrepresented in anyway the legal character of the debt, there is a section in the Fair Debt Collections Practics Act saying so very clearlly, filing suit after the SOL is over is a easy way to do that.
What I proposed was a contra-suit after the judgment is vacated, if you file the motion to vacate having this in mind that it should be no problem to win it, it is been done several times in many courts, just go to pacer and start reading some case law about "FDCPA, missrepresentation of a debt"
You not only have no idea of what is this about, also your answers are kind of rude arrogant and missleading, I don't like you at all.
Carl.-
Quote:
Originally Posted by TheCleaner
Well, quoting your own previous post as an expert site is kind of counterproductive -
Anyway - perhaps in your area Court Clerks give out this info over the phone based on "this is who I am, what's going on?" That is NOT the case where I am and the main reason I'm in and out of Courthouses all day - they want a signed authorization or the involved party in person.
I'll give you the benefit of the doubt here - what are your grounds for vacating the Judgment, keeping in mind that the Plaintiff did not appear? As I said - if the OP wasn't served, those are the grounds. Other than that what is your basis? I think you're assuming facts (concerning grounds for setting the Judgment aside) which are NOT in evidence here. "It's been done several times in many Courts?" You have no idea if the circumstances are the same - again, jumping to conclusion.
I have no problem with "it might work this way; other people have done this." I do have a problem when anyone jumps to conclusions and posts incorrect info.
As far as liking me or not liking me - won't cause me to lose any sleep. You lose all creditability in my eyes once you resort to personal slams.
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