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Guest · Posted: Mon Nov 19, 2007 7:52 am Subject: Legal Order Fees

Good morning,

I'm hoping you can help me. I went into my bank account this morning and see two charges that I had no idea about. One for $100.00 and another for $838.43. They both have the same reference numbers and were posted on 11/16.

I have no idea what this is for. I have one judgement that I am paying...have been paying for the past three months and never missed or was late. I have been fully cooperating so I don't understand where this came from. There was no warning of the amounts or the dates they would be taken out...it all seems to have come out of thin air. I would have made arrangements if I would have gotten a phone call or even a letter.

Before I call the bank ~ I'm hoping you can give me some information. What does this mean? Can they do it without warning me at all?

Posted: Mon Nov 19, 2007 7:58 am Subject:

If you already had a judgment they likely have seized funds from your account with a writ of execution. You can contact your bank and ask them for the documentation that they received to process these charges.

Guest · Posted: Mon Nov 19, 2007 8:04 am Subject:

Thanks.

Will getting this information allow me to know if these charges will happen again?

I don't understand why I wasn't told that it was going to happen...not that I could dispute it or anything...but at least to tell me...

Posted: Mon Nov 19, 2007 8:06 am Subject:

I suppose that after you get the info, yiu can call the companies involved and find out why this was done. Ask them any questions you may have. Hopefully, they will cooperative.

Posted: Mon Nov 19, 2007 8:50 am Subject:

The fact that a active judgment exists gives them the legal authority to extract payment using the executory process. If your funds in the account are subject to some state exemption you would have to find out and file forms with the court house who issued the writ.

hockeyman · Posted: Tue Nov 20, 2007 7:22 pm Subject:

Check with the court of jurisdiction for any motions for execution of judgement. If there are, file an order to show cause for reconsideration of the motion due to the fact that you were not served with the respective motion papers.

Posted: Tue Nov 20, 2007 7:27 pm Subject:

So are u saying that she should have been served with papers before money was taken from her acct??? This would be motions for execution of judgement??
THanks in advance,
Ang

hockeyman · Posted: Tue Nov 20, 2007 8:42 pm Subject:

Usually execution of judgement is triggered by basic motion practice. If this is the case, then yes she should have been served with motion papers with a return date for her to answer these motion papers. Even if there was a default entered, you're still an active part of the damages phase after you enter an appearance.

bf913 · Posted: Tue Dec 11, 2007 5:23 pm Subject: same happened to me

This has just happen do me also. Is this a fee that they will keep taking out every week or month or is this just a one time fee? Someone said they this is the fee to have your wages garnished by the attorney for court.

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