[essiewatts]

We recently found out that the law company representing the bank that we owe money took all our money from our account using a forced check .We have been making monthly payments and we had every intention of paying back the loan Is there anything we can do to stop these lawyers .Thank you

[Fr_Chuck]

Was it the same bank or a different bank. If you have your money and the loan at the same back, some of the terms of the loan "may have been" ** you need to read the loan documents**, that if you get behind on the loan, they may take the money out of your bank accounts with that bank.

If it was from another bank, they had to get a judgement against you and then garnish the money.

[essiewatts]

Thanks Chuck, It was a different bank.

[ScottGem]

Define "forced check".

As Chuck said, to attach your account, they need to have a judgment to get a writ of execution. Even if you agreed to a settlement they may have gotten a judgement to protect them if you reneged on the settlement. Did you miss any payment on the settlement?

You need to go to your bank and see what was used to authorize the attachment. If tit was a legal writ, you may not be able to do anything about it. But we need more details about what was served on your bank to advise further.

[essiewatts]

I am not really certain what a 'forced check' is... it just appears on our account and shows us that they took all our money plus extra for legal fees. I tried to call the bank and they keep telling me I need to speak with the lawyers.. when I call the lawyers,they say I need to speak to the bank and ask them to forward records of our assets which is confusing considering our money is already gone and our account is still frozen.

We didn't miss any payments,we were just paying a small amount on it and had actually decided we would pay more. I just got a letter telling me to go to a hearing about this whole issue... My question is why would they want us 2 go to a hearing when they have already taken our money?

Does any one have a number of a probono lawyer in chicago?
Thanks

[ScottGem]

OK, so forced check is the entry on your statement. When did this happen? Generally the bank does not turn over funds for a week or more to allow you time to file a protest. The balance may show the debit, but the creditor hasn't gotten the money.

You need to pressure your bank. For them to debit your account they HAD to have received a legal writ. You need to get a copy of that writ. If it means going to the branch and camping in the branch manager's office until its provided, do so. Its too easy to put you off on the phone.

I don't know why the hearing, does the letter give any clue. In any case, if there is a hearing go to it. Point out that you had been paying according to an agreed upon settlement.