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    rginco's Avatar
    rginco Posts: 3, Reputation: 1
    New Member
     
    #1

    Nov 22, 2008, 10:19 AM
    Attorney Placed Bank Levy on my account
    Hostory: I leased a vehicle 8 years ago. It was a three year lease. At the end of the lease I waited to turn it in for a couple weeks and they reposessed the vehicle. At first, I thought it is stolen. I found out the came and picked it up. I called them and they said I still owed a payment. After getting nowhere with then I pleaded with them to let me pay what they said was the final payment but the said they couldn't do to the fact they already picked up the vehicle. I still feel I paid all the payments. I mentioned to the it doen't make sense to go to the end of the lease and not pay the final payment but they were unwilling to accept the additional payment. Two years later they placed a judgement on my credit for what they felt I owed after they auctioned the vehicle. They debt is now 16,000 dollars. An attorney in another state must have purchased the debt two years after that and have called me 6 months ago. I told them what happened and that they need to investigate it themselves. There was no way I wanted to pay 16,000 for a vehicle I don't even own. The vehicle was not damaged or anything like that when it was picked up so I don't understand the amount.

    I lost my job last month and the company tried to deny the claim. Unemployment reversed the decesion and sent me a check for $600. I cashed the check and deposited $300 in my checking account yesterday to pay my power/gas bill to avoid turnoff. We did a check by phone the evening before the deposit. When we checked our account the money was there but it showed $0 available. I called the bank and they said there was a "Levy" on my account from and attorney referencing Ford Motor Credit. In essence my account is frozen. I have no money, I have filed for food stamps for my family and am trying to get assistence on my utilities. I don't know what to do. I was never sent anything from the attorney or the state regarding this. I just had a phone call to the Vegas attorney who bought the debt. I need to pay the power bill, the bank won't allow my wife to take the money out (debt in in my name but the account is joint). What can I do, I have nothing left and am facing being on the street with my family.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Nov 22, 2008, 04:00 PM

    Sorry had to laugh, you tried to talk to an attorney working for the other side after they had a judgement, the time to tell your story was at court when they tried to get the judgement.

    1. after they have a judgement they don't have to send you anything before they freeze your bank account

    There is little choice now, borrow money from someone, the money in your bank account is gone. They got it legally.

    All the time to fight this and do something else or work out a paymnet was before the judgement or at the judgement hearing.

    It will be worst, if you had any checks out, they will bounce, and the bank will come after you for the bad check fees next.
    rginco's Avatar
    rginco Posts: 3, Reputation: 1
    New Member
     
    #3

    Nov 29, 2008, 04:50 PM
    Thanks for the reply. I was not in the state when the judgement was put on and never received notice of it. I had moved back east due to a new job. I did evrything I knew to do when speaking with Ford Motor Credit. The judgement went on my credit from Ford 2 yrs after they had the vehicle. I received a call for the first time from this Attorney in Las Vegas who bought the debt stating I owed $16,000 for the vehicle. I told him everything that happened. He sounded like he was going to look into it. He agreed it didn't make sense to not make a final payment. I didn't hide from him and I never have been served with anything or been asked to apear in court on anything. Although your options seem reasonable I don't have anyone willing to throw good money after bad. Paying $16,000 for nothing doesn't make sense to anyone. Bankruptcy is the only answer right now. I would rather pay $1,500 to file a Chapter 7 and clear this off my credit and start over, then give the Attorney a dime. If Ford would have just accepted the last payment which they said I owe this would not be an issue for me. What has been tough is not working and being very close to ending up in a shelter. The money he took was to keep the power and gas on. To me that's a little cold hearted. I don't think my story is much different then thousands of people out there today. I don't see any humor in any of it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Nov 29, 2008, 05:26 PM

    OK, first, the creditor doesn't know what the money deposited is from. And creditors tend to be cold hearted anyway.

    What you need to do is find out what court issued the judgement and try to vacate it on the grounds that there was improper service.

    If you can get the judgement vacated you can get a new hearing. At which point you can try to get clear the case on the grounds that you made all the payments but hadn't yet returned it back to the leasing company. Not sure if you will win, but its possible.
    rginco's Avatar
    rginco Posts: 3, Reputation: 1
    New Member
     
    #5

    Nov 29, 2008, 09:07 PM
    Thanks Scott. It is worth a try. Such a bad time for all of this to happen. Seems you get a step ahead and fall two back.

    Thanks again

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