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Posted: Fri Dec 14, 2007 7:28 am Subject: Wage garnishment and frozen accounts - Kind of need help |
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How does this process work? I received a letter from Mitchell N. Kay stating I had a $6,100 debt to Honda. The letter was dated November 3, 2007, but I just received it December 10, 2007 because I moved. i know these guys are questionable, but I've read that they have frozen some account apparently before. I sent them a debt validation letter on the 10, which was technically after that "you have 30 days" thing.
A few years ago, Pressler and Pressler sued me. Naive, I never sent a DV letter and I couldn't keep up with the rediculous payments that had me at. I was working either so they levied my bank account for like $1,100 and then when I started working, they garnished my wages until it was paid.
Basically my question is, not only how does that process work, but is there a way they can get your account numbers without giving it to them?
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Breakthecycle2

Joined: 22 Oct 2007
Posts: 185
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Posted: Fri Dec 14, 2007 7:32 am Subject: |
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I believe to freeze accounts or garnish they would need to obtain a court order. Do you have a judgement against you?
Have you received a summons?
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kashzan
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Joined: 11 Jul 2007
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Posted: Fri Dec 14, 2007 7:48 am Subject: |
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No not at all or not yet I guess, but should I be O.K., as far as sending the DV after the 30 days as well? I remember when I did have my account levied and my wages agrnished, I did get letters to show up in court, but of course I didn't and Pressler and Pressler got the default judgement. That was for a CC I maxed out at $1,000 when I was 20 years old and somehow ran up to over $3,000. I really wish i sent a DV letter because $2,000 outstanding fees in rediculous.
Is there a way these collectors can get your bank account info? I remember with P&P that I believe I sent them payment via check for something, so maybe that's how they got it.
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Breakthecycle2

Joined: 22 Oct 2007
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Posted: Fri Dec 14, 2007 7:51 am Subject: |
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As long as you have not been sued in court yet and lost , you should be ok.
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kashzan
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Joined: 11 Jul 2007
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Posted: Fri Dec 14, 2007 8:01 am Subject: |
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That's what I figured. Thanks.
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Breakthecycle2

Joined: 22 Oct 2007
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Posted: Fri Dec 14, 2007 10:50 am Subject: From Bud Hibbs |
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Lawyer Mitch Kay is also involved with Plaza Associates and MKM Acquisitions. His organizations have a bad reputation for FDCPA and FCRA violations. They hire under-trained semi-desperate collectors who are hell-bent on a paycheck at any cost. I suggest that you give them the boot via the FREE cease-comm letter. You need not worry about their threats of a lawsuit, Kay likely hasn't seen a court-room since law school.
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Guest

Debtcc Points: 100
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Posted: Fri Dec 14, 2007 10:58 am Subject: |
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Wonder if there's any place to check on lawyers... See what they're made of, how active in what type of cases, etc.
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unclewulf
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Joined: 27 Nov 2007
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Posted: Fri Dec 14, 2007 11:29 am Subject: |
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you can check your state BAR association and martindale.com.
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volleyballmom
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Posted: Fri Dec 14, 2007 4:50 pm Subject: |
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martindale.com looks like a great resource, Voley. Just what I was wondering about!
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unclewulf
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Joined: 27 Nov 2007
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Posted: Fri Dec 14, 2007 7:56 pm Subject: |
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..and its free!
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volleyballmom
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Posted: Sat Dec 15, 2007 7:11 am Subject: |
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Ya just gotta love a free lunch, so to speak. Knowledge really is power in this day and age.
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unclewulf
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