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dddbearden · Apr 30, 2011, 05:30 PM

I am on disability due to 2 back surgeries and when I was working I had a credit card that I ran up to 12,000. But when I was placed on disabilty I could not make payments. I agreed to send 20. A month but the attorney that I spoke to for the bank would not take it. Now the attorney for the bank has put a hold on moneys in my account (which is my rent, truck payment, food for my kid, and utilities. Can he do that to me being as I am on disability and that is the only moneys I have to pay my bills. But on top of that, some of the moneys is my boyfriends that he put into my account to pay his bill.
What can I do? I can't pay any of my bills or truck payment or even feed my kid?

ScottGem · Apr 30, 2011, 05:38 PM

Sounds like they got a judgment against you that you ignored. And the fact that not all of the money was yours causes you increased problems. You need to go to court and request that e the writ of execution be vacated on the grounds that the only funds in the account were from exempt sources (SS disability) and an other person's. You will need to prove this since you allowed commingled funds.

dddbearden · Apr 30, 2011, 05:52 PM

I had spoke with the attorney and sent him what I could pay. So, I did respond to his request but as I stated I am on disabilty and am on a budgeted income so therefore the payments that I can make or could make was very minimal.
What do I need to prove? That the money wasnt' mine? I can do that. Also, how can they take money from a person on disability that has no other income or help?

ScottGem · Apr 30, 2011, 05:58 PM

The plaintiff has no responsibility to accept a payment that YOU deem you can afford.

Did you get a notice of a suit? Or that a default judgment was entered? They could not freeze your account without a court order. You need to get a copy of the writ the bank received to start with.

dddbearden · Apr 30, 2011, 06:11 PM

No, I moved from the area that I lived at the time but of course the bank new of my location. The only paper that I received from the attorney was what I would agree to pay and I had to respond within 20 days. That is what I sent back. But after that I never received any other letters or information from the attorneys office. What is the writ the bank received?
To me people that are on disabiltiy are more protected than other people. The utility company could not shut my utilities off even if I didn't pay it. That is the law. So, how can any attorney come in and freeze the only means for me to pay my way of living?

ScottGem · Apr 30, 2011, 06:33 PM

First there is no need to answer AND use the Comments. Just use the ANSWER options.

Second, SS disability payments ARE protected. But your bank doesn't know what the source of the funds in your account is. Since you did not warn them about the possibility of an attachment they had no choice to but to act on the writ.

Now if you were not informed of a suit, then you may be able to get it vacated on the grounds of improper service. But your problem is that the bank received a legally executed writ. They had to act on it. So you need to go back to the court that issued the writ and get them to revoke it.

dddbearden · Apr 30, 2011, 08:19 PM

Well the court is in Colorado and I am in Arizona. So, do I need to go to the court in Denver to do that or is there paper work that I can fill out, have notarized, and send it to them? Sorry, realized what I did so I put it on the my answer, tried to delete it as a comment but could not.

Thank you,

Debbie

ScottGem · May 1, 2011, 04:39 AM

How do you know the court is in CO? Until you see a copy of the writ you can't be sure where the writ was issued. If the court is in CO, you will have to contact that court to ask how to submit the paperwork.

dddbearden · May 1, 2011, 11:34 AM

Where do I get a copy of the Writ? The bank? And thank you for taking your time to give me great advise and helping me in this situation. It is greatly appreciated.

ScottGem · May 1, 2011, 11:50 AM

Yes, the bank has to have a copy since they needed one to freeze the account. It may take some time to get it, but you should be at the branch when it opens Monday and talk directly to the manager.

Remember, though, this is not the bank's fault. They received a legal order they had to comply with. They do not know what the source of your funds is. So don't get angry with them because they can delay things.

Good luck and keep us posted.

dddbearden · May 1, 2011, 04:35 PM

Thank you so much again for helping me with the information that will help me understand more about this issue. You are an amazing person to give us advice.

dddbearden · May 1, 2011, 05:50 PM

Can you file bankruptsy on this credit card being as far as it is at this point?

ScottGem · May 1, 2011, 06:02 PM

You can't file bankruptcy on only one debt.

dddbearden · May 1, 2011, 06:42 PM

Okay, well I do have another credit card and dr. bills that are on my credit. I just really wish that they would understand that I would make 20 a month payment even though its not much but I live on a fixed income and it isn't by choice. I never wanted to have back surgery, get into a car accident while at work ( not even my fault), then have to have another surgery. The car accident really did a lot of damage to me. I am in constant pain but if I could find a part time job even I am willing to do that.

ScottGem · May 2, 2011, 03:44 AM

Bankruptcy might be an answer you can consult with an attorney (most offer a free consultation) about that.