[tufftts69]

Ok, I found out more about the ex's bank account being frozen..

He got a summons taped to MY door around May of 2006 that he just noticed was date stamped April 2006 received..
It said he had 10 or 30 days to "answer" depending on how he was served.. He didn't recognize the name of the plaintiff as anyone he had ever done business with, so he didn't answer.. he didn't know that he should have sent a debt validation letter then, we just found that all out now..

No correspondence or contact from anyone after that at all of any kind until the bank account was frozen on October 18 or 19..

Nothing was ever sent to him at any address about any judgement being granted, default or otherwise.. or anything about this alleged debt even..

The bank, when he went there, instead of giving him a copy of papers that they received telling them to freeze the account, gave him a name and phone number of the person that froze his account.. then said he would receive paper in the mail within 10 days..

He called city court that had stamped the summons, and they said "yes we have something on file for you".. That's it. No help.. No dates, names, not even an acknowledgement as to what this something on file WAS... They did not say that a judgement was granted even..

He called the name he was given and they said that they could freeze the account because they bought an old credit card debt, that now was up to $1000.58 and they were taking his bank account to pay the judgement.. He asked them WHO the original credited was and they said it had changed hands a few times, but that they THOUGHT it was ______.. He told them that that account had been closed by him long ago and that it had been a credit card with a limit of $250, which he had a lot of problems with due to them never using the disability insurance money to pay the payments.. He had ever only charged $75.00 on this account himself, as it was one of the ones that send it to you after they take processing fees, rush order fess, etc out first!
After a few payments he went out on disability and they would not let him use the ins they had talking him into getting.. So he closed the account and told them to get the money back from the disability ins payments he had made, since he had already paid them in full basically 2 X.. They just kept adding on fees after he disputed...

They asked him how much was in the account and his SS number ( both of which he found out later that they already knew)and said they would look into his claim that he was on unemployment and that that was the money in the account.. He has NOT heard from them since, even though they said they would call him back on Saturday...

NOW On October 21st, he got letter from the people that froze his account, stating that judgement was ENTERED on September 21,2006.. The letter was dated October 15th, postmarked October 18th. No other noification was ever sent or served...

It stated that execution of judgement would commence shortly, if it had not already, and that they would be taking steps to guaranshee paycheck and or bank accounts..

Wasn't someone supposed to notify him that the judgement was granted, and then give him 30 days from then to either pay the judgent in full or make some kind of payment arrangements? Then, if he didn't respond or pay, execute the judgement?


the bank just used the copy of the above letter and an information supoena to freeze his account.. What should he do about all this?? :confused:

Also? The bank keeps taking charges out of the account, now its down to $120.00, what can this collector go after next?
He owns nothing, liens are on his boat and car, and moves from relatives house to relatives house, just uses my addy as mailing addy.. Unemployment they cannot touch..

These people have a very shady rep and are known to file the wrong paperwork... is there any loopholes that anyone can see?

[mr.yet]

They must have a judgment before they can freeze and account. File motion to quash garnishment, File Motion to defend in the court, NOW!!

[Sentra]

I FULLY agree with Mr. Yet

Get a lawyer, and if the bank has a bad rep try to get in touch with anyone else who has a problem with them before, should this go to trial any other of their 'skeletons' might help out with your case.

[tufftts69]

The bank didn't have the bad rep, the firm that froze the bank account does.. They are known for shady dealings, and filing wrong paperwork..

What I need to know is, was the court supposed to notify him that a default judgement was made, so that he could make payment arrangements weithin 30 days of that Sept 21st date? If that is the case, they never notified him, the bank just froze his account on the law firms word.
Someone should be able to stop this and give him a chance to pay it on his own if he should have been given prior notice.