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01010101010101 · Feb 17, 2007, 08:00 PM

I had a judgement against me for falling behind on HOA payments. I contacted the HOA's lawyer and requested to set up a payment plan. I offered them $550.00 every 2 weeks to get it paid off quick. After Lawyer fees I owed about 3500 for around 1,000 in HOA fees. I told the laywer I wanted a written copy of our agreement and the balance owed after getting my initial payment. He said sure. I sent in $700 to him. He said they never got the check and he needed another payment plus the one I sent before (that he never got). To make a long story short, I check my account online, they did in fact receive my initial payment. I told him about it, he agreed that he did receive the payment. I said I would not send anymore money until I got a balance owed. He wanted me to send another $1,000 and then he would tell me my balance and give me an agreement. Few weeks later I go to pay bills online and my bank account is drained.

I wanted to settle this, and made plenty of attempts to do so. All I wanted was to know how much I was paying.

I have had trouble finding out any information on the Colorado levy process. If anyone knows about this, or where I could find information I would appreciate it. For some reason, logic tells me that notification would have to be given, and maybe an opportunity to appeal, but I know nothing about law. There are a lot more people who owe a lot more than I do in this world, and I have never met anyone who has just had their bank account wiped out. I literally feel as if I was robbed. I still owe about $1500 (the balance I found out from the bank) if I pay this off, can they still tap into my account? Makes me not even want to use a bank account anymore..

Thanks for any advice or links.

Fr_Chuck · Feb 17, 2007, 08:11 PM

This is the problem you have been notified, you know they have a judgement, once they have a judgement they may attach ( garnish) so they may do that anytime they wish now by merely going to court and filing a motion for that. And you had your chance to appeal, that was the judgement hearing

excon · Feb 18, 2007, 06:33 AM

Hello:

If you were in the car reposession business, would you call up your victims to tell them you were coming? If you did, I don't think you'd be in the repossession business very long.

Your judgment creditor didn't have to tell you he was going to clean you out. Would you have left any money in your account if he had? I don't think so.

excon

Fr_Chuck · Feb 18, 2007, 07:51 AM

Yes excon, I am going to notify you, that in two weeks I will take all the money out of your bank account, how much money would be left in that account afterwards.

What they do is normally freeze that account and then you can appeal the attachment of your account after it is frozen.
But it is the judgement where you fight on how much is owed, and what they can collect.

ghettouser · Feb 18, 2007, 08:41 AM

I just recently found out there was a freeze on my bank account and I called to try and make installments but they would not agree to it. What can I do now.

excon · Feb 18, 2007, 11:03 AM

Hello get:

Your question will be moved shortly.

You had the opportunity to make installments initially. You didn't. You had an opportunity to make SOME arrangements before you got sued. You didn't. You had the opportunity to go to court to defend yourself. You didn't.

However, all is not lost. You might have ONE opportunity left. If you have some cash, you can probably negotiate a settlement. But, In my opinion, that's the last one you have.

excon

ghettouser · Feb 18, 2007, 01:25 PM

How long can they freeze the bank accounts before they remove the levy

excon · Feb 18, 2007, 04:34 PM

Hello again, ghet:

Until they get their money.

excon

lovejoy1965 · Mar 1, 2007, 12:19 PM

[
I have had trouble finding out any information on the California levy process. If anyone knows about this, or where I could find information I would appreciate it. For some reason, logic tells me that notification would have to be given, and maybe an opportunity to appeal, but I know nothing about law. I have never met anyone who has just had their bank account wiped out. I literally feel as if I was robbed.makes me not even want to use a bank account anymore..

Thanks for any advice :(

excon · Mar 1, 2007, 03:28 PM

Originally Posted by lovejoy1965

[
For some reason, logic tells me that notification would have to be given, and maybe an opportunity to appeal

Hello love:

Logic tells me that if somebody were notified that their bank account was about to be cleaned out, they would probably take out all the money. Why should some debtor be allowed to skate on his debt once again??

Did you even read this thread??

excon

lovejoy1965 · Mar 2, 2007, 02:41 AM

I was not notified of nothing on this matter this is not my debt it is his and his ex wife's debt I think there all crazy

pmlnj78 · Dec 23, 2010, 06:00 AM

My Bank account levied without notification. Didn't go to court. No Corresponding Docs received. Didn't even know a judgement being sought. Is Ocean County NJ, Called bank and got the creditor. What do I do now? Do I need a lawyer? Bank says monies were debited from my account 2 days ago. Can I get this reversed?

excon · Dec 23, 2010, 06:14 AM

Hello p:

If you weren't served, go back to the court that issued the judgment, and make a motion to set the judgment aside for lack of service... IF there isn't proof enough in the record, and you WIN, they'll probably serve you right in the courtroom...

IF the debt is yours, you'll be back to square one. At least the amount will have been reduced back to the original amount owing, and you'll have a chance to make a settlement...

excon