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Judgement for debt a surprise
Hi,
Last week, When I checked our bank account online I saw a "judgement" against us and $1358 was removed from our account. After countless calls we found out that a creditor received a notice of levy and was able to take all the money in our checking account. We received a sheriffs notice of levy in the mail the next day. The notice was done in a California court (we moved from California more than 20 months ago) and we did not receive anything that told us that this was happening. My husband called and was told they didn't need to notify us and when he asked what the debt was for they said it was from an account opened in 1993 and it is an account we don't even know if it is ours. We have looked on line but are so confused and now have NSF check fees because they took all of our money! Any direction or help is appreciated. Thank you! |
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Hello D Once a judgement has been entered it gives the creditor access to your accounts and if your state allows wage garnishment and no they do not have to notify you in advance of "freezing" your accounts,now with that being said you stated you are not sure if the account was yours. The paper work at the bank should have a number that you can call and you should be able to find out the orignial creditor that got the judgement |
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Your first step is to contact the court that issued the writ of attachment and make a Motion to Vacate the judgement on grounds of improper service. Its possible the money hasn't been turned over to the creditor yet Generally, the bank has to freeze the amount giving you time to react. A hearing should be ordered by the court to determine if proper service was entered. If it wasn't you can get the writ rescinded. You will be properly served before you leave the court, but at least that will give you a chance to fight the suit. |
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