[saxin]

I just found out today that my bank account is being levied due to a debt that was charged off about two years ago. Can they do it without notifying me of the levy first? I live in the east end of the bay area and the levy was filed in another city in the south bay. I do not live in that city and never did. I called the bank to close my account but they told they cant. They gave me couple of numbers to call but when I called, it was a collection agency that came on the line. Very arrogant and disrespectful, loud and rude and never gave me any chance to say anything. I asked if she'll give me the name and number of the court where the levy was filed, she placed me on hold for about fifteen minutes, came back and told me she couldn't find the court info on my so-called file. She gave me a number to call and I did. The so-called court told me they couldn't match my name and the case number they gave me. Please advice me what to do from this point on. I am lost. They took all my money out and froze my struggling account.

[slowandeasy]

Hello Saxin

First of all you stated that your account was levied due to a debt that was charged off two years ago, That does not relieve you of the debt you owe , the word "charged off" is simply an accounting word for the cc company as the debt is sold to a collection agency for pennies on the dollars. Before a bank account can be" frozen" a judgement has to be issued from the court. Now way before that happens you should have gotten calls letters etc and a paper with a court date concerning the debt Go to the bank get a copy of the
Order to freeze your account and see what it says. It should have the court and date on it
With all the information you need. If you knew about this debt and ignored the court date then they got a default judgement thus allowing them to attach your account

[Fr_Chuck]

Yes, first charged off does not mean you do not owe it, charged off as noted is merely an accounting term. What mattered was the SOL on how long from the last date of payment. At some point to garnish your pay, they had to get a judgement from the court. So check with your local county court ( and the one in the other city if that is in another county) and see if there is a judgment on file. Also see how you were notified of the hearing, you had to receive notice.

[TheCleaner]

You'll need to find out what is the court, the bank has to know that.
Then if they didn't serve you properly or they filed the suit in a different county you can file a motion to vacate in the same court. Find the civil codes of procedure to see what is a proper service in your state.

If they have a judgment they don't need to notify you before freezing your bank account or putting a lien on your house. If you where served properly and they filed suit in the couty you are living in I don't think there is a way out without paying but you might want to pay a lawyer maybe for one hour to see what options you have.
Sorry I can't be more helpful

Carl.-

[saxin]

Thanks for your time.

[ScottGem]

So what's the deal? Were you aware of the judgement or not?