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jayboy1959 · Mar 17, 2012, 09:50 AM

I have been making payments monthly per court ordered stipulated judgement for the past 3 years, but suddenly and without notification, the collection agency wiped out two of my checking accounts. Since I have been making the required payments, how do I dispute this attachment? I live in CT. This disturbs me - how do I know they will not repeatedly do this?

Fr_Chuck · Mar 17, 2012, 09:52 AM

You take them back to the court that issued the judgement, you show the judge the court order that says they have to take the payments and are not allowed to attach the bank account.

ScottGem · Mar 17, 2012, 01:23 PM

Did you contact them? Did you ask why they acted when you have been making payments according to the court order? Have you checked to make sure your payments were received?

There may be two reasons they acted. First, they didn't receive a payment. Could have been lost in the mail or something similar. I'm sure the court agreement allows them to act in case you don't meet the terms of the agreement. The other reason is because someone in their office screwed up.

In either case, I would contact them first thing Monday morning ad ask that the hold on your checking accounts be immediately released. If they refuse, then file for an emergency order to rescind the attachment in the court that issued the payment order.

jayboy1959 · Mar 19, 2012, 08:46 AM

Upon further examination, it looks like I missed a payment in October 2011 (I forgot to pay it), and the request for execution was granted in November 2011. (They don't waste any time!) I don't know if this is the reason or not. I'm still waiting for a return call. All I get are email receipts when I make a payment, and I kept them all. I never receive a statement showing if the payments are posted or not.

I'm planning on 1) Asking why the attached my account? From the ONE missed payment? Or are they showing more than on missed? (Not true!) 2)I want a statement showing all my payments to see if anyone on their end screwed up. I wouldn't surprise me. And 3) Ask if they can offer me a reduced payoff amount.

Anything else I should ask? I want them off my back. I made payments for years in good faith, and get treated like this - no warning, no notification of intent to seize my account, etc.

Thanks.

jayboy1959 · Mar 19, 2012, 08:49 AM

I have been making payments monthly per court ordered stipulated judgement for the past 3 years, but suddenly and without notification, the collection agency wiped out two of my checking accounts. Since I have been making the required payments, how do I dispute this attachment? I live in CT. This disturbs me - how do I know they will not repeatedly do this?

Upon further examination, it looks like I missed a payment in October 2011 (I forgot to pay it), and the request for execution was granted in November 2011. (They don't waste any time!) I don't know if this is the reason or not. I'm still waiting for a return call. All I get are email receipts when I make a payment, and I kept them all. I never receive a statement showing if the payments are posted or not.

I'm planning on 1) Asking why the attached my account? From the ONE missed payment? Or are they showing more than on missed? (Not true!) 2)I want a statement showing all my payments to see if anyone on their end screwed up. I wouldn't surprise me. And 3) Ask if they can offer me a reduced payoff amount.

Anything else I should ask? I want them off my back. I made payments for years in good faith, and get treated like this - no warning, no notification of intent to seize my account, etc.

Thanks.

JudyKayTee · Mar 19, 2012, 08:56 AM

Yes, one missed payment can void the agreement. Happens all the time.

There is no legal need to issue a warning or anything else.

Collection agencies pray for situations like this - instead of getting money in installments they stand to get it all right now in one lump sum.

I'm surprised you weren't warned (and warned and warned) about a missed or late payment.

The Courts look at this as someone who was delinquent, didn't work it out, the creditor got a judgment, the debtor defaulted (again) and the agreement to stay collection of the judgment goes by the wayside.

jayboy1959 · Mar 19, 2012, 09:52 AM

Thanks. I just spoke to them and they said that's why they did that, and if I continue to make payments they won't do that again. In 30 days when they actually receive the money, they said I can call if I want to pay the amount in full. Any idea - ballpark figure - they are willing to reduce the amount owed if I pay it at once in full? Thanks for your help...

smoothy · Mar 19, 2012, 10:02 AM

They already got a judgement, they have little incentive to take less... but there is little harm in asking.

JudyKayTee · Mar 19, 2012, 10:16 AM

Absolutely agree with Smoothy - they have a Judgment for the total amount BUT there's never a problem with asking.

Glad you worked this out - good to hear that all creditors aren't heartless creeps (unlike telemarketers - )

jayboy1959 · Mar 19, 2012, 10:27 AM

The rep on the phone is the one that suggested speaking to them about settling the amount. Once in a blue moon I get a letter offering a "deal" if I pay if off in three or less payments, in an amount less than the total. I never had the money to do that until recently. This is all after the original settlement, so I think they may agree to accept less.

Their incentive to take less is to get all the money at once, rather than a little bit every month for the next few years. More money in their pockets NOW. (AND THEM OFF MY BACK!)

Thanks, all, for you input~!

JudyKayTee · Mar 19, 2012, 10:44 AM

Let us know how it works out. And this is good info to know.