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    jcpale26's Avatar
    jcpale26 Posts: 1, Reputation: 1
    New Member
     
    #1

    Nov 15, 2008, 05:42 PM
    Bank account seizures
    I just found out today that a creditor has seized my checking acct. I have not gotten any notification of this seizure. This creditor not only took every penny in the acct, they have actually taken more causing a negative balance in my checking acct... this is generating overdraft fees that I am now going to have to pay... the overdraft fee is $35 every 4 days the acct is overdrawn... there is no way for me to pay the overdraft let alone the fees that will now be incurred because of this... my question is, can I do anything about this? The debt was incurred while I lived in NJ I am now living in NY and the debt is about 5-6yrs old... additionally, I have been contacted with regard to a debt that is well over 10 yrs old which still shows on my credit report... evidently, this debt gets sold every few yrs and just keeps cropping up and perpetuating on my credit report.. what can I do about this as well?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Nov 15, 2008, 06:20 PM

    They had to go to court and get a judgement against you before they can garnish your checking account, Now they may have gotten that judgment years ago.
    Where you ever served any documents about a law suit.
    ** not about the bank account but about being sued for the money.

    On the older debt, even if a debt is outside of the SOL that does not mean you don't owe it, they may sell it for years and try to collect till you die.
    You can challenge it when it appears on your credit report.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Nov 15, 2008, 06:51 PM

    As Chuck stated they had to have obtained a judgement against you. If you never received any notification of a suit then you may be able to get the judgement vacated on grounds of improper service.

    However, you would have not been entitled to any prior notification of the attachment itself. As to the negative balance, what probably happened is checks that you had written bounced when the account was frozen causing overdraft fees to be charged against the account.

    As to the other account. If you don't pay your bills they can haunt you.

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