Completely confused (please help)
Date: Wed, 10/10/2007 - 14:48
About six years ago I had a credit card with Discover bank. While with my exbf, we ran the bill up to 1000 dollars.
I tried making payment arrangements with Discover, they kept losing my payments and charging me extra fees until the bill was doubled... then they sold the account to our friends Cohen & Slamowitz CA/LO from hell.
The CA contacted me with a paper which looked almost identical to a court order... when I called them they claimed to be representing Discover (discover claims account is sold directly to them) and that the account had been sent to court. Tacked on another 500 to the bill for court costs.
I tried to make payment arrangements, being at the time a collector myself it should have been easy... but they wanted it paid or settled. No compromises.
Finally this spring I was served with a court order which I complied with through the local marshall. I was late with one payment due to moving confusion, which is when the levy and seizure of the funds in my bank account, and the serving of the garnishment on my employer went into effect.
I was sent a notice of garnishment three and a half weeks ago from my employer... the funds were taken out of my account this monday past.. and the marshall deigned to send me a letter notifing me of this fact which was recieved today.
WONDERFUL eh?
The bank complied with the execution and sent out funds immediately, cleaning out my account in the process. Thanks to some automatic payments that were supposed to go out at the beginning of the month, I was hit with 60$ in bank fees on top of everything else. HOWEVER my paycheck went into the bank after that and since then everything has returned to normal, well almost.
Paying my monthly bills, (all by check since my account is clear and I have no other access to funds) I went to make my normal payment to the marshall for this pay period, since the garnishment hasnt begun yet... called the marshall to get the confirmation number to put on the check and I was advised that THEY WILL REFUSE TO TAKE THE PAYMENT!
Apparently it dosent matter that the bank has released my account, or that everyone else is getting paid via checks. The agents of the marshall's office have informed me that if I dare send a check (which at this point is the only way to access my money) it will be voided and returned to me.
I called CnS to try and make a payment to them... AGAIN DENIED!! CnS refuses to take a payment from me since the account is in the marshall's office!!
HOW IS IT THAT WHEN I WANT TO PAY MY BILLS THESE PEOPLE WONT ACCEPT MY MONEY, YET THEY GO CRYING TI THE JUDGE WHEN THEY DONT GET PAID?!?!?
Wow! That is all I can say! :shock: I'm not familiar with thi
Wow! That is all I can say! :shock:
I'm not familiar with this whole process, but how are you supposed to pay them when they won't take the money? Are they wanting certified funds???
I'm a little confused also. Can u maybe go to ur bank and get a
I'm a little confused also. Can u maybe go to ur bank and get a cashier's check?
Or some store that may accept a check for a money order??
Ang
:?: :shock: :?: WTF? They sue, get judgment against you, pla
:?: :shock: :?:
WTF? They sue, get judgment against you, place levy on account, and refuse to accept payment? Maybe they are waiting for the wage garnishment order to take effect? Your best bet is to speak to the magistrate who issued the order as you may not get a straight answer from the CA, but if the magistrate cannot give you the answer I guess your only avenue at that point will be to contact the CA, but if you do please do it in writing so that you have a paper trail.
Thats great advice JC... Also, and I know this seems extreme,
Thats great advice JC...
Also, and I know this seems extreme, but any way you can have an attorney or a legal aid help you muddle through all of this? Seems like there are a lot of moving parts to this and some legal help might be warranted to ensure you are entitled to all of your rights.
I went though something like this when my husbands student loans
I went though something like this when my husbands student loans got messed up which was our fault. They got a garnishment because when we went to clear them we were not told they had 2 seperate accounts in their office so we only cleared one up. A second was granted garnishment. We were told not to send in any money twards the account until after the garnishment took effect, his employer already had the paper work.
Even after we've been told to pretty much not bother to send in payments unless we were going to pay off one of them.
*Sighs* The marshall locked my bank account, on which I had t
*Sighs*
The marshall locked my bank account, on which I had the direct deposit. The funds were removed from my account and unlocked and my very next paycheck was deposited as normal. Any checks written are honored since there are new funds in the account and the hold was removed.
However there seems to be a 21 day lag between the bank and the marshalls office, so while the bank has no problems cashing my checks, the marshalls office refuses to accept them.
Getting a PMO or whatever wouldnt be a problem except that at the moment I dont have a bank card (i cancelled it for something non related) and wont have one for at least another three days. Right now short of walking into the bank I have no way to get money out short of using my checks.
Last week I asked an agent of the marshall if I should write my check out as normal. She said I could so I had no reason to go to the bank yesterday or today (my days off) it was only when I called them tonight to get the information to put on my check, that this new hurdle came up. Now I have to figure out some way to get to the bank without messing myself up at work.
Still, I have to look at the funny side and say its pretty ridiculous that I am not paying my debt because the collectors wont let me.
As far as waiting till the garnishment took effect... I honestly
As far as waiting till the garnishment took effect... I honestly wish I had because this is ridiculous.
On the good side though the bill which once stood at over 2500 is now 1265 (and that is not counting the 400 that was taken out of my account) So one way or another the damn thing should be paid off by the end of the year. ^_^
I wasn't sure after others replied that i understood ur post rig
I wasn't sure after others replied that i understood ur post right but guess i did! Is there any way u can get to the bank on ur lunch hour??
Hope it all works out for u and won't be long now and u will be done with them!
That's gonna feel good for u!
Good Luck,
Ang
No you are reading it right.. and since I work nights my lunch h
No you are reading it right.. and since I work nights my lunch hour is @ 21oo hrs and lasts 30 minuites (if I am lucky.
The good part about my job is that there is a branch of my bank half a block from my workplace. I will see if I can get to work early enough to get money out of the account and then ask my fiancee to pick me up a PMO on friday (his day off) >.<
Am I the only one who thinks this is an inordinate amount of trouble because of someone else's BS?
No you are reading it right.. and since I work nights my lunch h
No you are reading it right.. and since I work nights my lunch hour is @ 21oo hrs and lasts 30 minuites (if I am lucky.
The good part about my job is that there is a branch of my bank half a block from my workplace. I will see if I can get to work early enough to get money out of the account and then ask my fiancee to pick me up a PMO on friday (his day off) >.<
Am I the only one who thinks this is an inordinate amount of trouble because of someone else's BS?
There now Im all nice and registered (wonders if her avi will sh
There now Im all nice and registered (wonders if her avi will show up)
Welcome to the Community :D I'm glad you registered, but sorry
Welcome to the Community :D I'm glad you registered, but sorry about your provlems!But like Ang said, just look to the day you will have them paid off!!
I am getting screwed by a CA, it's no fun!
Everytime I read about Cohen and Slamowitz I have to laugh-their name sounds like something from the MOB-how appropriate :lol: karen
I am also , as most of you know, dealing with Cohen and Slamowit
I am also , as most of you know, dealing with Cohen and Slamowitz. They want to collect on a debt that is from 2003. I have requested validation of the debt.If it is mine I do want to pay.So far , since i asked for validation, I have heard nothing from them. Who knows , but these people scare me.
Quote:Finally this spring I was served with a court order which
Quote:
Finally this spring I was served with a court order which I complied with through the local marshall. |
I'm a little confused with your situation. Are you suggesting that you were served with a notice to appear in court and didn't show? Or, did you go to court and have a judgment levied against you? There are only so many ways that a lien can be placed against your bank account. Moreover, a garnishment can only be placed by a court order. Based on what I'm reading, all of this came as a shock because you were unaware it was taking place. Perhaps I'm misinterpreting what you're saying.
On a somewhat related note, many counties have web sites that allow you to check the civil division court docket. With many disreputable CA's and law firms out there, it is common practice for them to file suit without notifying you. If you can check the docket you can discover is someone has filed suit and appear in court. That way no one can get a default judgment levied against you.
When they originally obtained the debt they served me with a FAL
When they originally obtained the debt they served me with a FALSE notice, which is a collection tatic of thiers. I called their bluff, and they didnt contact me again, until the Marshall served me with the REAL court's judgement and relevant orders.
If I had been given the opportunity to appear in court things would have been interesting, considering I still have the false order in one of the boxes here in my new apartment.... unfortunately I missed the chance.
However it is a debt that I owe, and its closer to being paid off every day.
You may be able to get he judgment overturned due to improper se
You may be able to get he judgment overturned due to improper service (the judge would then give you a chance to plead your case, or the judge may dismiss it with prejudice making it so they cannot sue you again) they would probably be held in contempt for manufacturing a court document, which is also a fdcpa violation which you could file a civil suit for if you wish ($1000)
Vacate due to improper service and nail their hide to the wall f
Vacate due to improper service and nail their hide to the wall for violations. I would also move the court for sanctions for filing a fraudulent document in their court house. :D
Magistrate is going to love that. Actually if I was the magistra
Magistrate is going to love that. Actually if I was the magistrate I would be beyond PO'ed and throw the book at them as it were for contempt.
As of today I am less than 200$ away from having my debt paid of
As of today I am less than 200$ away from having my debt paid off. Then I am finding the old collection notice and hopefully finding a lawyer who can help me take these jokers on.
Anyone know what they do with garnishment AFTER the debt is paid? What about if the garnihment would take more than whats owed?
(After this next payment I will only owe about 30$... do they only take what's owed... or do I get a refund from the marshall?)
The garnishment is for the amount of the judgment. Judge says yo
The garnishment is for the amount of the judgment. Judge says you owe this much to the CA then that is what the court finds you to owe. They take any more and they risk being found in contempt.
Rember as well, that you might only have a year to sue.
Rember as well, that you might only have a year to sue.
There were payments made after the garnishment notice was sent t
There were payments made after the garnishment notice was sent to my employer, (they sent it because i was late with a payment) so there may be a discrepency between what my employer thinks is owed.. and what actually is owed. >.< What do I do?
You can petition the court where garnishment order came from ask
You can petition the court where garnishment order came from asking for a updated affidavit of costs reflecting all fees,interest,and balance to date after payments.
cajunbulldog
Hiya CajunBD, glad to see ya helpin the folks.
Just saying hi from the Credit Repair Terrorist training camp.
Keep up the good work.
Cheers
Hi Debtonator I thought I remembered that id.I am busy here with
Hi Debtonator I thought I remembered that id.I am busy here with my work.