HELP! My bank account has been seized with a LEVY!!!

Get some legal advice. I guess, if you involve a lawyer in this matter, things will be sorted out in the right way.

Quote:

I just got off the phone with them. They said it was noted on our file that I would be calling around end of August to the beginning of September to make another payment, and make payment arrangements. But since it was stated verbally that they did not have to abide by it. They wanted to take the full $1500.00 (leaving my account at $0.32) out of my bank account but said they would be ???????nice??????? and only take $1000.00 as a down payment if I would be willing to make payment arrangements in writing today via fax. This still wouldn????????t help me because my rent check was still going to bounce. I asked them if we could split the $1000 deposit into two payments, $650.00 for today and $350.00 via a predated check for next Friday, 9/15. They said they would. The even went a step further to say that they would take only the $650 as a down payment and forget the $350.00 if I would be willing to make a payment plan right now of $300.00 a month. I told then that was too steep, I couldn????????t afford $300.00 a month. I could possible afford only half of that, $150.00 a month. She asked that I fax a copy of my husband????????s paycheck over to her first thing in the morning so she can approve a smaller monthly payment. She had stated to me my hubby????????s company name and address, and even called my hubby at work today so it????????s not like she wants to use it t find out his work for garnishment.

Should we fax then the pay stub, or are they trying to pull another fast one on us?

Also???????.I did verify my address with them, they had both my old and new address (moved this past March). They said perhaps it got ???????accidentally??????? mailed to my old address, but that they did send a notice dated 6/22 to appear in court. That????????s dated before my last phone conversation with them, yet they never mentioned it to us when we spoke with them.

You need to not fax the pay stub to them. If they really have a judgment against you you would have been notified by the clerk of court in your county. See if you can check the court records and you may want to get a lawyer.

I just received a call back from the city clerk's office (a friend of a friend works there and was able to get me info) and yes a summons was filed on 6/22 which gave my 30 days to appear in court, which I did not. She didn't look for any more info because I only asked if there WAS a summons filed, and she was snooping through my file when she wasn't supposed to be.

And it did have my correct address, however I was staying at my sister's house 6/21-7/6 so perhaps it came when we were away and my neighbor didn't give me all my mail? But when we did return, I did get the other normal letter from them and I contacted them on it. I have the letter here, it says nothing about appearing in court.

You should immediately take some legal advice now because you didn't show up in the court at the previous date. The law office will get a chance to win a default judgment against you.

I'm not too sure, but doesn't a summons of this magnitude have to be served personally? As well as a copy sent to the mailing address?
There's a lot here that doesn't make sense. You really need to see a lawyer quickly!

Also, if a summons came through the mail, wouldn't it have to be sent registered, signature required? I mean, they have to give you every possible chance to show up and defend yourself.
And it sounds like that moved quite quickly through the courts. In my county, things are backed up for months, even in small claims.
And they can't take all of your money, just a percentage, right?

In Despair, can you please let me kmow what state you live in

Also, a bank will only enforce or place a levy or garnishment on an account(s) with a court order to do so. It gets prosessed through that banks legal department. You could contact your branch manager to find out exactly when they received that court order. I would suggest having that info when you get any legal advice.

Swedish, I am being bothered by a lawyer who bought an old debt. They have a reputation for seizing bank accounts. Would I need to be notified of any court orders. They seem to be very sleazy and just somehow levy peoples accounts. How do they even get your banking info. I am sick because of this

This is definitely freaking me out. I have several old debts that I haven't resolved yet. I am terrified they are goint to levy my account. I haven't received any sort of notification but I keep a very close eye on the mail.

Please note:

1- Cohen and Slamowitz ALREADY had this persons banking info due the automatic debit authorized on 7/25

2-If it was a bank levy, how can they then split the levy amount after they had already taken the money?

Nothing against you at all In_Despair, but just curious...

Thanks for jumping in my good friends. I am really at a loss on this one

I second what vollyballmom says. They already knew where they banked due to previous automatic debits. Also, when a bank is sent a levy or garnishment request, it's for a specific dollar amount. If there is not enough in the account at the time of request to fulfill the entire amount, they take everything but a penny. You would receive a levy or garnishment request in the mail at the same time the bank recieves one. As a notification that it is happening. And, you would have had to been notified by the courts that you are summoned, then they get a judgement against you. I think, in the original post, they had two addresses on file, and the person was not at home for some time when the original summons was served. That seems strange to me, but that's a different topic. Anyway, there are definitely hoops they have to go through to get to the point where the bank account is being levied or garnished. And vollyball mom is also right that it's strange they agreed to split up the garnishment after the bank has already received the levy request. Once the bank gets that request, they HAVE to comply...legally. It's a court order! Weird.....curiouser and curiouser. It's a conundrum wrapped up in an enigma!

swedish, I have been googling this company, and it seems that they make a practice out of leving. I called their phone number and on the menu there is a button to press if you are calling about seized accounts

Thanks swedish! Excellent info in letting us know that a levy is not just a golden ticket to your bank account but it is indeed a formal process.

Volley, In this instance i really dont know. Read my above post, i called them , and its even on their main menu. Press 3 if you are calling about a seized account.I am at my wits end with this one

I don't think legally they can seize ur acct without a court order! I'm thinking they actually "stole" that money out of her acct!! She gave them her banking info, NEVER EVER NEVER give anyone that information!
Also, the original post was from a year ago!
Ang

I know ang, but i am very worried about these people. There are posts on google recently about this company seizing bank accounts.Like I said it is actually an option on their main menu. If your bank account has been seized press 3. seems like this is a common practice for them

Ang-HA! I just noticed that...2006. Just happened to also be in Sept. Good pointing that out..

I understand ur worry kas but they dont' have ur banking info do they? ANd if that wud happen to come about i'd hire an atty FAST!
I wudn't fret over it too much!
Ang

Thanks ang. No they certainly do noy have my bank info, but apparently they can get it. I am trying not to worry, but actually I am pretty scared

I'm thinking they probably trick LOTS of people into giving out their banking info then rob them blind! It's probably common practice for them and that's why they have it on their voice mail....
CROOKS!
Ang

But why do the banks honor the request to levy. Where does the court order come into play.

Good point there too! I'd think u cud hold ur bank accountable also for someone emptying it! Maybe u cud put a freeze on ur acct for this CA only?? It's worth calling and asking them if that's possible!
Good Luck but don't worry to much!
Ang

This one has me baffled

Kaz....the only way a court order is done is by the judge issuing a judgement against you. If they can't garnish wages, or get payment arrangements with you directly (they = courts), they may levy your bank account. IF THEY HAVE THE BANK INFO....WHO YOU BANK WITH! They have to know who you bank with. They don't need the account number...just the name of the bank you bank with. If the bank is served or mailed a garnishment order from the court, we HAVE to abide by that. Otherwise, the bank can be fined and sued as being in contempt of court and not following a court order. If this CA is so sleazy that they send court summons to a wrong address, and then get a judgement against someone for failing to appear in court....that is very very bad. Id on't know waht to tell you, in that case. Make sure they have ONLY your current and valid address on file. That's all I can think of. But, it wouldn't do any good to hold the bank accountable for the levy....they're just following the order from the court that they received. Maybe, don't let this CA know what bank you belong to.

Thanks Swedish

no problem-o. Glad to help. Bank stuff can be confusing. :)

So let me set my mind somewhat at ease. If they do not have my info, I am pretty much safe for a while.

NEVER EVER EVER give a collection agency or a "law firm" representing a collection agency access to your bank account. That is basically permission for them to take all the money out of it.

Also, I have a friend that did have her bank account levied by a law firm representing a CA. It can happen. Once the CA gets a default judgment, then your paycheck and your bank accounts are up for grabs. That's why you have to fight these crooks!

Thanks so much Jen'Did your friend have a court order against her, or did they just levy

Ur right Jen "AFTER" they get a judgement but not until!
And i have a default judgment, went to court a few months back, gave them ALL my banking info and they never took a dime out of it... but i do have another court date set for Monday, they're trying to garnish my husband's wages since we're in a community property state... So now i made a settlement with them to avoid this....
Ang