[cancerpatient]

:mad:

I called my bank yesterday and my account was -$100. I have cancer and 2 kids. I called the bank and they said that my was garnished for my fullpaycheck + $100. I owe $100 for a hospital bill a year ago and only received one collection notice. How did they get my bank account number and is this legal??

[slowandeasy]

In order for your account to be frozen a judgement had to have been entered.
You should have received numerous letters ,calls and a civil warrant for a court date
If you got one and ignored it most likely a default judgement was given to the creditor
Thus giving them acess to your account and in some states your paycheck

[cancerpatient]

in order for your account to be frozen a judgement had to have been entered.
you should have recieved numerous letters ,calls and a civil warrent for a court date
If you got one and ignored it most likely a default judgement was given to the creditor
thus giving them acess to your account and in some states your paycheck

The only information I got was a signed letter from the bank authorizing the release of funds with the bank of america stamp and their lawyer signature.

[slowandeasy]

Go to the bank and get a copy [the court order that was given to the bank to freeze your account] this will let you know for sure who has the judgement, you may be able to work out a payment plan but if they have already got a judgement they have little incentive to do so.

[ScottGem]

The bank has to give you a copy of the court order. If you were never served notice of the judgement you can get it vacated. But the first stepis getting the court order and finding out the info about the plaintiff.

[cancerpatient]

I got all the information. Who do I get it vacted?

[ScottGem]

You file a motion with the court that issued the judgement to vacate it in the grounds that you were never properly served. Ask the clerk of the court how it should be submitted.

[cancerpatient]

OK, I talked to the clerk of courts. They stated that someone served on 8/11/07 with a writ of judgment. I submitted a letter that I typed out. Which also stated I have yet to receive a letter asking if any of the money was exempt. I dropped it off at the clerk of courts and the law office for the creditor.

[ScottGem]

If you did not receive that write on 8/11, then they have to prove you did. So you file to vacate on the grounds of improper service. As soon as you get the vacate order you bring it to the bank to release the funds, then close the account. They will refile for the judgement and this time you offer to settle or fight it.

[cancerpatient]

Sorry, it states 8/11/06. I am waiting to see what happens next. Any ideas on what happens next. Should I file for exemptions on my own?

[ScottGem]

Doesn't matter what the date was. If you were not served and new nothing about the suit you can have it vacated. They will hold a hearing where the plaintiff has to prove you were served. If they can't prove it, then the judgement is vacated.

[cancerpatient]

Ok. Thank you. Glad there is a fellow geek who knows about this.

[cancerpatient]

And don't spend 16 hours a day in server room. You might get Cancer.

[ScottGem]

Nyah I stay out of server rooms if I can help it. Too cold ;)