[xaiegen]

Here's the process:

Tonight, I checked my bank account online and ending summary versus available balance was $1000 off. Learning from online service and customer service, a legal order hold had been put on my account by a debt collector and Wells Fargo will notify me 6 days after placing the hold. The money is intended to pay for my chihuahua's surgery having luxated her tarsal metatarsal through Care Credit and now I can't.

Capital One closed my account 2.5 years ago or so and sold it off to two different debt collectors. I was summoned on April 24, 2009 and received a stipulation for judgment upon default. I wasn't sure if the prosecutor obtained my account legally, so I showed them the other debt collector's letters. After seeing it, he reduced total from $1600 to $1200 and I paid $900 in the settlement room with payment plan for $300 within a month, May 28. In return, he gave me a common receipt and I asked for one from his law firm. He said since his office was closed as it was a Friday, to call them on Apr. 27 to request one and to obtain information on how to pay online. I did so, couldn't reach them, and left a voicemail. No return calls and I wanted to pay online through debit card to be able to print receipt, so I called once again on May 26. I left a voicemail with my information and no reply.

I never received information they were intending to place a legal order hold on my account nor was I notified of any subsequent court dates after April 24 to attend to defend myself. The debt collector knows where I live having served me before, know my job location and that I earn only $8.50/hr for 12 hours/week and get paid once a month because information was necessary to determine how long to complete payment (part-time worker, full-time student), and they have my contact information.

Stipulation contract states: they shall give notice of such default to defendant at address shown below and from date of such notice mailed, 5 days for defendant to remedy default.

Can I get the $300 judgment vacated or overturned and release $1000 hold from Wells Fargo since they made no attempt?

[JudyKayTee]

Is there a Judgment against you? If there is, what are your grounds to overturn it? After you get it overturned (or if you get it overturned), then what is your defense to them enforcing it again?

You may be wasting your time.

[xaiegen]

There is a judgment against me considering they placed a legal hold on my bank, I just wasn't notified. Therefore my grounds for overturning would be:

I do not owe such and such increased debt other than the $300 due to debtor being unable to serve me properly in good faith even when he has all my contact information to reach me with.

My defense against them reinforcing it would be my previous show of good faith payment, the $900 earlier. If I could have gotten a reply I would have paid.

[JudyKayTee]

I don't see this as grounds to overturn the Judgment against you.

You certainly can argue that the lien against your bank account was not in good faith but that's a separate action.

Your $900 payment was not a "good faith" payment. You owed the money. Freezing your account doesn't mean they intend to take the full balance which is (apparently) more than you owe. It's step one in obtaining the balance you owe on the Judgment. Once those funds are removed the freeze will be lifted.

I don't know why you think there would be another Court appearance scheduled when there already was a Judgment against you - but, of course, I haven't seen the paperwork.

[xaiegen]

Oic, thank you for your insight! Helped relieve so much stress and discouragement.

[JudyKayTee]

Please come back and let us know how it works out.