They took all of our money from our bank account, don't know what happen because we made arrangements over a year ago to take so much money every month, but when we called them they said we haven't made a payment in the last 2 months, which we said we have subtracted from our checking each month, but now they said we had to call every 6 months for them to continue to take it from our account. This is not fair because we thought we were doing the right thing! So now they took 2,000 out of our checking thank god most of the bills were paid... So now I don't know if we can put money into our account and cover the rest of the bills or not? Please help us...

If you had an agreement was it in writing? Was it approved by a court?

If you defaulted on the agreement that gave them the right to take the balance. Until you get this straightened out I would pay by money order.

They said you haven't paid in 2 months - did you or didn't you? You don't sit down and balance your checkbook every month?

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Originally Posted by joypulv

They said you haven't paid in 2 months - did you or didn't you? You don't sit down and balance your checkbook every month?

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This is not a fair response joy. My computer does this for me now. How do you know what system they have? Fly by night collection agencies can get others very confused.

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Originally Posted by ScottGem

If you had an agreement was it in writing? Was it approved by a court?

If you defaulted on the agreement that gave them the right to take the balance. Until you get this straightened out I would pay by money order.

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It was by court. The thing is we gave them permission to take it out of our account, but they are saying we had to call them to continue taking it out. Why would we have to call when they already no everything?

Its possible that you needed to renew permission with your bank account. But that doesn't answer the question as to whether the payments were taken or not. Something as important as this you needed to monitor to make sure the payments were made or it can give them the right to clean out your account.

tickle!
All I am saying is that it isn't clear whether what the bank said, that they hadn't paid in 2 months, is true or not! How can not checking your bank statements (which I do almost constantly) be 'unfair?' It's my job to know whether a regular deduction is being made or not.

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Originally Posted by tickle

This is not a fair response joy. My computer does this for me now. How do you know what system they have? Fly by night collection agencies can get others very confused.

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I don't think you are being fair. Like Joy I check my account pretty much daily. There are too many possibilities of identity theft, mistake, etc. To not do so. So if I had automatic debits set up. I would know immediately if a scheduled payment wasn't made. I would certainly know if 2 months had been missed.

This thread is entitled "garnishment". That suggests that "they" (the creditor) has a judgment and a writ of garnishment. But OP further confuses the issue by writing that "It was by court. The thing is we gave them permission to take it out of our account".

Which is it? Did the creditor levy on the account or did OP give it authorization to withdraw money monthly?

• If it's the former, the OP can contest the levy in court before the garnished funds are paid over to the creditor.
• If it's the latter, the bank should be contacted and the authorization cancelled. Either that or OP should close the account and open another one. And also ask the court to make the creditor give the money back.

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Originally Posted by AK lawyer

This thread is entitled "garnishment". That suggests that "they" (the creditor) has a judgment and a writ of garnishment. But OP further confuses the issue by writing that "It was by court. The thing is we gave them permission to take it out of our account".

Which is it? Did the creditor levy on the account or did OP give it authorization to withdraw money monthly?

• If it's the former, the OP can contest the levy in court before the garnished funds are paid over to the creditor.
• If it's the latter, the bank should be contacted and the authorization cancelled. Either that or OP should close the account and open another one. And also ask the court to make the creditor give the money back.

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The way I understood it, the OP entered into a court approved settlement whereby the creditor would debit their account each month for a specified amount. For some reason, this wasn't done for 2 months according to the creditor. So the creditor proceeded to clean out the account. Something that was probably written into the settlement.