I fell behind my debt cause loss of pay rate and extra bills, then a debt collectors sent summons for court but we agree on 100$ month with first 4 month's I was paying fine then I had some bills that was over due my car bill so I went pay that off real fast start paying extra on my past debt. After finally paying off my car 3 month later only about 300$ I was going pay 200$ month until caught up make sure nothing like this happens again.
When I went to my bank account check how much I had it said I had my whole balance garnish which I had no notice no court hearing making me in - now without getting another pay check for over week which will make me go even more in the - making it harder to get caught up. Were they in the legal right to do that, can I fight it get my money back they cause to - in my checking.

I live in Kentucky Meade county

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Originally Posted by lordcooler13

I fell behind my debt cause loss of pay rate and extra bills, then a debt collectors sent summons for court but we agree on 100$ month with first 4 month's I was paying fine then I had some bills that was over due my car bill so I went pay that off real fast start paying extra on my past debt. After finally paying off my car 3 month later only about 300$ I was going pay 200$ month until caught up make sure nothing like this happens again.
When I went to my bank account check how much I had it said i had my whole balance garnish which I had no notice no court hearing making me in - now without getting another pay check for over week which will make me go even more in the - making it harder to get caught up. Were they in the legal right to do that, can I fight it get my money back they cause to - in my checking.

I live in Kentucky Meade county

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My guess? You got the Summons, made a deal, didn't go to Court, didn't get it in writing that the hearing was cancelled.

The creditor got a Judgment against you. You didn't pay according to your agreement and the creditor enforced the Judgment.

Happens all the time!

Yes, they have a legal right - they have a Judgment against you and are enforcing it.

The only way they could have gotten a levy against your account is with a judgment. Did you sign any agreement for a payment plan? If you did I suspect the fine print stated they were continuing to get a judgment but would not use it unless you reneged on the agreement. Or you may have ignored notices of the judgment thinking you were taking care of it.

I'm sorry that you did not understand that the slightest deviance from the agreed payment plan would result in an attachment. But it was legal and I'm not sure if there is anything you can do about it now.

I did sign agreement for payment plan but didn't see nothing about levy my account, and got no court notice they are going start levying it. I thought when they did they had to go back to court for hearing which what I read online guess I mistook information when I found out today about it.
I'm guessing they going keep levy my acct to caught up or they just going go for much has possible now, I think I should probably get debt relief before it's point of no return.

You did get the first summons, and no there is no additional notice about a levy, they can do it anytime without further notice once they have the judgement. They got the judgement, since you failed to do the payment plan as agreed (in writing) so now they may even start garnishing your paycheck. And any money put into this bank account just goes to them,

The agreement won't say anything about a levy on your account. But it might say something that they will proceed with obtaining a judgment. Essentially, as soon as you signed that agreement you acknowledged the debt and getting a default judgment was a slam dunk. There is nothing you can do about that because, acknowledging the debt eliminated any chance of fighting the judgment. Unless the agreement included language that they would drop the pursuit of a judgment they were within their rights.

And once they obtain a judgment, there is no requirement for a new hearing for them to get a writ of execution. Nor is there a requirement for them to provide advance notice that they obtained and will execute such a writ.

You should obtain a copy of the writ, your bank is required to provide it. The writ will indicate if it was a one time levy or whether they can continue to hit the account until the debt is paid.

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Originally Posted by ScottGem

The agreement won't say anything about a levy on your account. But it might say something that they will proceed with obtaining a judgment. Essentially, as soon as you signed that agreement you acknowledged the debt and getting a default judgment was a slam dunk. There is nothing you can do about that because, acknowledging the debt eliminated any chance of fighting the judgment. Unless the agreement included language that they would drop the pursuit of a judgment they were within their rights.

And once they obtain a judgment, there is no requirement for a new hearing for them to get a writ of execution. Nor is there a requirement for them to provide advance notice that they obtained and will execute such a writ.

You should obtain a copy of the writ, your bank is required to provide it. The writ will indicate if it was a one time levy or whether they can continue to hit the account until the debt is paid.

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Thank you all for some info in nice way saying thing's instead of should have paid it. Least I know I can talk to my bank about the writ if they plan take anymore I just hope they take what I owe to catch back up the balance or keep taking it none stop until whole balance paid. Wish they waited least another 2 weeks