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    eirelavnaa's Avatar
    eirelavnaa Posts: 5, Reputation: 1
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    #1

    Mar 22, 2010, 01:21 PM
    Td visa took 500+ dollars from my bank account on a debt from 2002. Can they do this
    TD Visa took 500+ dollars from my bank account on a debt from 2002. Can they do this? I never received notification on this debt. How do I get my money back? Called their number for Agency Relations they said the 6 year rule is for taking me to court. They could take the money directly from my account anytime they wanted, there is no time limit. Is this true?
    DownUnder's Avatar
    DownUnder Posts: 492, Reputation: 24
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    #2

    Mar 22, 2010, 04:46 PM

    The only way money can be taken out of your account is with a judgement from the court and that judgement gives the creditor the right to levy
    Your bank account. Did you not receive any notifications of a court date? If you did and you ignored it then they got a default judgement and that is why they
    Told you they can take out what you owe when they want to.
    eirelavnaa's Avatar
    eirelavnaa Posts: 5, Reputation: 1
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    #3

    Mar 23, 2010, 08:03 AM
    No judgement received or issued. I'm just going to have to scream blue bloody murder at the bank. I've asked the supervisor to call back, no answer yet. Probably ignoring me and hoping I'll go away. I already told them it doesn't bother me if I have to take them to small claims court. Lets see who blinks first!
    DownUnder's Avatar
    DownUnder Posts: 492, Reputation: 24
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    #4

    Mar 23, 2010, 12:07 PM

    Have you checked with the court to make sure you do not have a judgement? Unless you do have a judgement or signed some paper when you opened the account I do not see how they can take your money. The bank has to have an order from the court to "levy" your account. Go to the bank and ask them to SHOW you the court order.
    eirelavnaa's Avatar
    eirelavnaa Posts: 5, Reputation: 1
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    #5

    Mar 23, 2010, 12:43 PM
    Apparently banks do not need a court order to take money out of your account for a credit card debt. My beef is that they waited 8 years to do it two years after the statue of limitations AND after they wrote off the debt in 2003
    DownUnder's Avatar
    DownUnder Posts: 492, Reputation: 24
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    #6

    Mar 23, 2010, 04:50 PM

    And I still stand by what I say if it was for cc debt THERE has to be a judgement
    Issued by the court that allows the creditor to "levy" your account. Why not take my advise and go to the bank and ask to see the paper work, it is simple as that
    Something does not sound right.
    Jaykid007's Avatar
    Jaykid007 Posts: 74, Reputation: 1
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    #7

    Mar 24, 2010, 07:32 AM

    If your card debt is with the same bank, then they can take it out.
    DownUnder's Avatar
    DownUnder Posts: 492, Reputation: 24
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    #8

    Mar 24, 2010, 09:52 AM

    If you go back and look at what I said that this person may have signed some papers when they took out the visa giving them the right to take the money or it has to be by a judgement
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