Bank Levy

Check with the county clerk to see if a judgement was granted against you or your boy friend. If there isn't a judgement it is illegal for them to freeze or take money from your account. Speak to the bank manager and tell them to replace your money, then Close out the account and open a new one.

hi--

ok, first off you are right in that they must have won a judgment against you in court for this to be legal. But i would like to get some more details from you, its possible that you have more than one avenue of attack here.

First, you said you are not working, so are you on disability or social security? i'm trying to find out how you get money in your account. Please give us some details there, because some things like disability income are not subject to garnishment or levy.

Second, New York is not a community property state. so, there could be an issue with them taking everything from that account, especially since this is not your husband. In new York you cannot be made to pay the debt of someone else like that.

The very first thing I would do is contact the court clerk's office ASAP, do it this morning. go down there if you can, and see if anything has been filed in court against your boyfriend. See if they will put it in writing for you if there has been no case filed--you can then take a copy of that letter to your bank and show them that this is an illegal levy. If you get a letter showing that no such case was ever filed, then take a copy of that letter to your bank this morning and DEMAND that they replace the funds that were illegally taken from your account. Tell them that the levy was done in violation of federal and state laws, and that the people who did this are NOT authorized in any manner to take as much as one penny from your account. notify the bank that you want your funds replaced immediately, and once they agree to handle the matter, tell them that as soon as the money is replaced you must close that account and open a different one, for your protection.

if you find that the court clerks office does have a case on record against your boyfriend, then he must send a certified letter to the court requesting that the judgment against him be vacated due to improper service. In this letter, he needs to explain that he was never served a summons, and as such he was unlawfully deprived of his right to due process. He needs to explain that they have now illegally levied the bank account and taken absolutely every penny that you two have.

As for hooten, if you find that no court case ever happened, then your boyfriend needs(repeat, needs) to send them a certified letter(always send certified mail, return receipt requested) telling them that they are in violation of not only the Fair Debt Collection Practices Act, but also NY state law. he needs to tell them that they are to IMMEDIATELY return the funds that they have unlawfully stolen or he will have no choice but to file suit against them for numerous violations of federal and state law. he needs to also tell them that along with this lawsuit, there will be formal complaints filed with the FTC and the NY state bar association. I would tell them that their office has one business day to contact you regarding resolution of this matter, or you will begin taking action--there's no legitimate reason why someone cannot pick up a telephone over there. years

let me ask you this as well--how old exactly is this debt? STatute of limitations in NY is 6 years, so if this debt has been delinquent for longer than that, they are past the SOL and that alone would be grounds to get this whole thing thrown out permanently.

In the meantime, you may consider speaking with an attorney in your area--you may have a good case for suing THEM, and in that case you dont need money out of pocket in most cases. I looked on naca.net, which is a resource to find debt collection attorneys. Not sure where in NY you are located, but i found no less than 41 attorneys in NY state that deal with deceptive collection practices. try looking there yourself, and see if theres one close to you that you can call and consult, they will know your state laws better than we will. they will also know better than we will what can be done ASAP to try to put a stop to these clowns.

Keep us informed too, if you want to send me email, use my screen name here at yahoo dot com. a moderator will likely delete your email address from your post to protect your privacy. just remember, the court clerk's office is your first place to check. your bf may have to check, they may not give out his info to you. But you need to check there ASAP, and then go to your bank with what you find. based on what i have just seen when searching out hooten on the internet, chances are good that they never filed suit against you guys, and that this whole thing is 100% illegal. also remember this--if it is, you need to go after them about it. dont just stop with getting your money back in your account--sue the pants off of them for some massively illegal practices.

Also, since you are disabiled you may qualify for free legal aid from legal aid society of NY

http://www.legal-aid.org/en/home.aspx

You guys rock! Skydiver...you went above and beyond and I thank you so much. Also, you're very knowledgible. I have been doing all I can to research these matters and while I can't afford 2,500 dollars for an attorney I did consult with one and they told me to go to small claims court and file a vacate order with them. I couldn't get into details because I wasn't paying the man, but that's what he told me without knowing any information other than I had a levy on my account.
I know if I go down to court to request information on my boyfriend they're not going to give it to me. Simply, I am not him. So that's a bit of a problem.
No, we're not married. No, I'm not disabled. I just got tired of working my butt off for 300 dollars a week. I live on Long Island and honestly that kind of money can't pay for groceries so I have been staying home and tending the house instead. He gives me all HIS money and I pay the bills, that's how that works. We didn't have a joint account until this summer when my bank decided they wouldn't accept his depositing money into my account any longer unless he was on the account. Now that he is, I guess, whatever's in there is his as well. Only, truthfully, none of it is ours, it's always already spent on living expenses. But you already knew that!
Uhm..another thing, I don't know what court to go to. There are about 55 different court offices and buildings I have no idea which one I would need to go to to look for a judgement. Even if I did I wouldn't know how to find it. When I have to go to court I just follow the address they give you on the summons, you know?
I'm going to look at the website you mentioned and see if I can't find a lawyer who will at least listen to the details of this case and provide some more specific information.
While it's nice to want to hang this scumbag group up for these actions which are heartless and illegal, so far as I'm concerned as we seriously have never heard from them ever in life...at this point we're seriously thinking about beg/borrow/stealing the money needed to get the account open again.
See, I can't afford to play games in court. I need action to be taken immediately to open this account so that people can get paid. I have a lot of bills that aren't going to wait. :/ Not that I actually have money to pay them now, lol.
Gods, what a mess. I'ma message you Skydiver person, because you make me feel better.

I'ma lose my mind. I contacted 5 lawyers, all of whom won't actually help me because they cost as much as I owe. They each told me, however, that I should get a copy of the judgement from the bank, locate the court it was delivered from, go there and fill out an order to vacate the levy.
I go to my bank (Wamu/Chase) and they tell ME I am not entitled to a copy of the judgement, that it is not there but their lawyers have it and they would not even give me a number to contact their legal services. She said I must go through the person who has the levy on my account. I said they aren't answering, she said, well they always answer when we call. Sure enough, she called and they answered...when they found out there was an actual PERSON whom they were stealing from they said for me to leave a message. Again.
I don't want to go through the very people who have illegally seized my every dollar. (I never heard of these people before, remember). I don't want to let these people get away with this crap either, but I can't be playing games for months on end. How is it possible that I am not entitled to a copy of this judgement to seize my account? That makes no sense to me.
I REALLY need a lawyer who will help me for real, rather than just give me some phone advice. I went though that list Sky and called all the lawyers near me, they were the ones who gave the phone advice, but when I was told to go jump in a lake by my bank (and I was arguing with them for a good 20 ms) I returned home and tried to call them all back and got no answer. Sigh*

While the info skydiver is offering should be appreciated it is not 100% correct, I would suggest you contact the attorney or the court and they will advise you of your rights, it IS that simple,
I do have a question, you mention they froze "The 3,000 being levied and the 2,000 that was meant for bills", how much did you owe?

Kerri--

check your email, and please keep us updated. Above all, dont panic, we'll help you get to the bottom of this mess!

i'll take skydiver's word zisky.this was an illegaly obtained judgement and levy.if that's the case then skydiver's advice was spot on.unless you work for this CA that illegaly obtained this judgement and levy.

I'm not panicing, I am seriously depressed now though but though. I've tried ALL DAY to get anywhere on this mess and nothing.
What I meant, Zisky, by that was that I owe 2,800...I had 2,100 in my account to pay BILLS. Therefor taking that still leaves me owing 700, only they already actually TOOK 100 for "legal fees" and if they get the rest I still have to pay the bills that I was going to use that money for. Get it? It's like, I had nothing, I had enough to pay bills for the next two weeks...now I have nothing PLUS still have those bills. I work very hard to budget as best I can and make sure everyone gets paid on time and have brought my debt down considerably and my credit up so much...now it's all in jeopardy.
There is no judgement at the clerk's office in Riverhead, but they say that doesn't necessarily mean anything it could be filed in any of the other district courts (of which there are at least 6) The sheriff has no record of a judgement either. Tomorrow I get to call every court and see if they have a judgement.
HOW it is possible for my bank to outright REFUSE to give me a copy of this paperwork is BEYOND me. They told me over and over again that my only option is to work with the lawyer who brought this against me. What a crock!
Meanwhile, looking up Hooten and Associates on the internet reveals tons of complaints of illegal filings. I'm not saying that's true, I can attest that in matters like this people get angry and confused, no doubt, but I know I sure as HECK never was contacted by these people, neither me or my boyfriend.
And yeah, Zinsky, you sound like you're on the suing side. If you bothered to read what I've been sharing you'd see that I've been trying to contact these horrible people since Friday but they refuse to answer me. When the bank called them in front of me they got through instantly, when they found out there was an actual person whom they were trying to rob trying to speak to them they said for me to leave another message!
I wish like HELL I had 3,000 so that I could hire a lawyer to go after these scum-suckers! They deserve to suffer for this nonsense! Seriously, I am a VERY honest person and believe in paying debts, that's why I never thought of bankruptcy but rather have worked very hard at clearing up my credit. I feel that if you buy something or seek services, you should pay for them. In the case of credit cards yeah, it can get crazy VERY quickly, but that doesn't change the fact that you agreed to pay. I've been paying these past several years for things I spent long ago, and really, it wasn't even much, but it takes that long to get rid of the debt. I'm not trying to steal or wheedle my way out of anything. I am just LIVID that these people took it upon themselves to take EVERYTHING from me! PLUS add 100 dollars to boot? FOR WHAT?! They can't call someone on the phone? They can't write a letter? Come on now. It's inexcusable. Not to mention, we're poor. The rest of this medical bill, which is from a hospital visit, was excused cus we were poor. Over 50,000 dollars was just written off for charity. Don't know why THIS one doctor didn't get expunged as well but would be willing to work out payment. Only they haven't contacted me. I was waiting for the account to go into collections so I COULD explain my financial situation, ask for mercy and then make agreements to pay them. I've done this before and have paid off every debt I've ever promised. That's another reason why I'm so freaking ANGRY at these people!
Anyway, there's my update. Sorry if it's redundant, but Zinsky there seemed like they needed to hear the situation again.
Thank you so much for the support guys. I can't tell you how much I need it and how much it helps.
Blessed Be!
Kerr

Paul, how is it possible to come to the conclusion "this was an illegally obtained judgment and levy" when you do not know the facts? (I dont believe skydiver stated this anyway) especially when tipareths stated herself:

"Fact: yes I knew this bill existed, and no I didn't pay it"

I respect you trying to help people but please be carefull not to misguide them, If she believes this judgment was illegal she need to contact the courts, they will tell her how to resolve this Immediately

Kerr, as you say I am on the "suing side" I am a process server of 13 years, i have heard the no phone call, no mail, no summons thing hundreds of time, I have NEVER lost a traverse hearing, what that means is when I am dragged into court (for $15) I have always had verification I had in fact served the summons on the defendant who stated I had not,

I am not stating this is your case, but just so you understand my prospective, with that being said I do not believe people should be treated unfairly,

What I suggest you do is contact the bank and ask them for a copy of the restraining notice served on them, they must provide it to you, this will have the judgment info which will include the court the action was in, CONTACT THAT COURT, as them how you go about filing an order to show cause, the court will the schudule an appearance for you, IF in fact there is no judgment the court will demand your account released, if however the court decideds the judgment is valid, they will release the funds to the creditor, thats all it take, and although I am a process server, I have been on the other side of the coin, its no different for me, trust me

okay ziskster.i guess just filing a lawsuit without contacting the person is fair huh?maybe in your world,but if they weren't served which this sounds like.then it is an illegal judgement it should be vacated for improper service.that mean anything to you?judging by your posts,i guess not.

I went to the bank today! Did you read my post?! They OUT RIGHT REFUSED to give me the "judgement". Please go back and read what I wrote, I am tired of telling this tale. It's right there. Seriously, I spent 20 ms trying to get this supposed record and they told me no.

I didn't realize that it wasn't posting under my "account" name of Tipareths, and with the changing avatar, which I can't seem to fix, I suppose it might be confusing. I, Kerri, am the person, Tipareths, who started this thread. Seriously, I don't understand how the bank can get away with telling me that I can't get my own records, they ordered me to contact the lawyer, and despite my continually explaining how they aren't answering messages...etc...please just read all that I wrote, it should be intelligble. I am also the most honest person ever. Then again, how DO you prove a negative? How can I prove that they did NOT give me any notice? Other than I never signed anything and my word...? One would think my credit record might be a decent measure of my word, as I said, I've worked hard to keep things straight and I do have at least 3 medical bills like this (not the same or same incident but you know, just extra medical bills that needed paying) which I did the same exact thing for. Let it go to collections and then work with them. I have ALWAYS paid faithfully until it was cleared up. I wouldn't be here now going through all of this if it were something I willfully "brought on myself".

Quote:

Hi...still have a problem here.
Simpleton...uh, no offense, but there are enough "oppinions" floating around here without you. You seem to have nothing better to do than cast your empty judgement and hate to tell you but, you're wrong.
My boyfriend LIVES WITH ME. I handle all the finances. Why? Because he sucks at it and doesn't handle stress well. As for things "not adding up" you know..that's what I AM THINKING, as I sit here going through it.
Mr Sky...uh...where'd you go? Come back and help me!
The clerk I spoke to told me that just because there is no record of a judgement that they can find doesn't mean there isn't one. They told me to check the Sheriff's office, which I did and they don't have one either. Then THEY told me to call every district court in the county (of which there are 6ish?) but by that time, after all day it was 5 pm and couldn't get on that. so that's what I'll do tomorrow.
In the meantime, riddle me this:
WHY IS MY BANK OF NUMEROUS YEARS being so uncooperative with me? Why are lawyers telling me to get a copy of the paperwork that was given to the bank from them but the bank refuses to do so and telling me I MUST DEAL with the attorney filing the levy?? That seems MIGHTY suspicious if you ask me. Also, the woman told me that they had NUMEROUS claims from the very same agency that same day and that the bank had NO PROBLEMS getting through to the number. She then dialed it in front of me and spoke to someone...however when she said I was having a problem getting through they told her I had to leave a message!
I think this organization, Hooten and Associates are a bunch of crooks! I think they have NO intention of responding to me in any decent amount of time, just as they never made the first attempt to contact my boyfriend about settling this debt. 21 days from Friday...that leaves what? 16 days left.
I think the bank and the nasty lawyers should pony up over this crap. Have I mentioned I can't even sleep because of this craziness? I am thinking I have to call all my debitors and explain that I can't pay them this month and ask them to let me go (which they all should because I'm a good customer) BUT I don't really know what is going on or when I might be able to pay them. How can I open a new account at another bank when I am 800 in arrears at this one?
Sky you shoulda answered my email instead of coming and getting into a pissing contest with Zinsky. Not that you don't deserve to defend your name by any means just uhm...I donno, this is my real life that's being screwed around. Ya know?
I'ma see if I can get ahold of some of the attorneys I spoke with today tomorrow...maybe when they hear what happened at the bank they'll start to see dollar signs. Sigh*

kerri do not worry about simpleton or zisky.one was deleted.the other will be if they post again.it does sound like a railroading to me.keep us informed about these meetings with these lawyers.

That's been my biggest question regarding this entire ordeal: why is her bank being so uncooperative providing a copy of the judgment that was provided to them in order to freeze the bank account. I know they don't tell you they are going to freeze your bank account ahead of time, for obvious reasons; however, I thought once the account had been frozen they HAD to provide copies of this information? It doesn't seem right your bank can just lock down your bank account and basically not give you any reason why! I could see if they suspected fraud and an internal investigation was going on, or something; however, they've already admitted it was due to an order they received from this attorney. They need to give her a copy of this order, and stop giving her the runaround!

I might contact your states Attorney Generals office, or your states Office of Financial Regulation (not sure it that's correct name, whatever agency oversees banks in your state) and tell them what's going on and see if they can give you any answers.

Like you have the time?

If you cannot afford an attorney, have you looked into going to a local Legal Aide office for help? Just a suggestion. I went to Legal Aide when I was unemployed and was sued, and she got the case dismissed.

And Zisky, I can pretty much bet contacting the attorney that froze her account is going to be of no use in getting her account un-frozen. They were the ones that did it, whether illegally or not, and they probably won't un-freeze it unless she gives them more money. Which she doesn't have, thanks to them.

And whoever took a pot-shot at skydivr7673 needs to lay off. I've found skydivr's advice to be the most accurate and helpful of many of the posters on this website and would have no problem following any advice he might give me if I ever had a problem. I also think it has been said before, but I'll repeat it: no one ever advocates taking any advice given in this forum, by anyone, as competent legal advice. You should always consult with an attorney on any legal matters. Some people, however, cannot afford attorneys so this site is the only avenue open to them. So I'm very thankful we have the knowledgeable people that we do have on this site that are willing to help out whenever someone is desperate!

had to go to court to do it but finally, got overturned, released or whatever. I immediately went to that bank and withdrew my money. I take my money out as soon as my job deposits it so that it won't happen again. I try to pay my bills with money orders, too.

I wonder if the OCC can help this mess? (As well as States attorney or Department of Financial Inst.

I got nothing done today, because I hadn't slept in like 48 hours I was crashed really hard. Now with the holiday, I doubt I'll be able to contact anyone until Monday but I'll try on Friday.
The Attorney General, I contacted them, got some young clerk it sounded like and she told me they don't handle situations like that. I said what do you handle, she said, consumer something or other. I said, well, that's what I have here. She said, well if you want we can mail you complaint form which will take months and won't really do anything. She worse worse than useless.
I need a lawyer to contact these lawyers AND my bank. The way I am thinking they're both suable. The one for not contacting me before freezing my account and refusing to contact me since, the other for refusing to divulge the judgement. As crazy as it sounds I am thinking the bank is getting some sort of kick-backs from this Hooten company. Precisely BECAUSE the rep told me they had so many cases seized recently by that company and the fact that the company speaks to them AND the bank refuses to give me my own records.
I'm running out of "free phone consultations numbers". That's another problem. That and the fact that just because someone says, this is the law and they have to follow it, that's not true! They DO NOT have to, they can and DO break those laws but unless you have an attorney who is willing to file suit against someone for doing so it doesn't matter! I don't have the money to pay a lawyer and I really do not want to let this organization continue to get away with this nonsense. I need 800 more (once they clear out the money that's in my checking) to pay this "debt". I need 2,500 to pay a lawyer to fight this case, which, ultimately, I have to say, the debt is real, though I don't know if there's truly any judgement at all.
If that makes sense?
It's Christmas and the world is busy. I am not for numerous reasons, but I'm hoping come Friday they'll be some head-way made. Tick-tock goes the clock.
You guys here are great and I really thank you again for the support.
Blessed Be!

Kerr, can you contact the OCC Office of the Comptroller of the Currency http://www.occ.treas.gov/index.htm(Is your bank national?) They got back to me rather quickly (within a couple days of filing a complaint actually.. but since my bank was a credit union, they were unwilling to help). As far as I know, most banks WON'T tell you your checking/savings account will be seized for obvious reasons... but once it has.. you should have the right to see those documents.

Since your also disabled, you'd more than likely be able to get help from your states Legal aid office.

Yeah, I'm with beli2005. Your bank should provide you with whatever documentation the attorney's office gave to them that supposedly "authorizes" them to freeze your account like that. They never give you the information before-hand, as that's a warning for the debtor to go an take all their money out of their accounts.

Try the OCC or your state's Office of Financial Regulation.

I'm really surprised, and disappointed, in the response you received from your state's Attorney General's Office. Pretty sad they outright tell you it basically does no good to file complaints with them.

What state are you in?

ron it was zisky that took the pot shot and his drivel was deleted as promised.

http://www.ripoffreport.com/reports/0/383/RipOff0383952.htm
HOOTEN ASSOCIATES ARE VERY BAD PEOPLE.
ROTTEN POTATOS I CALL BECAUSE THESE PEOPLE ARE HEARTLESS AND YOUR BANK IS BAD EITHER.
I WISH YOU KERR GOOD LUCK AND BLESSINGS HOLIDAYS.
I WISH YOUR BANK GIVE YOUR MONEY BACK EITHER.

ca's should not be allowed to swoop in on you and freeze your bank accounts, it is so ridiculous that they are allowed to do this. Oh well, it is what it is.

Zisky, If I'm not mistaken Skydivr is either an attorney or a law student. He has helped many people on this site to fight the CA's that love to ignore the fdcpa and trample the rights of others.

what do his credentials matter? the laws back him up and a lot of people here have been helped by his advice. and hes right your experience is in handing people a piece of paper thats it, that doesnt wualify you to tell him hes wrong about anything he said here

zisky, that guest is onto something. Process servers in most states do not even need to be licensed in any way. Currently, only nine states have any state-level requirement for process servers to be licensed. Another three have local requirements. that's it--anyone can be a process server as long as they are of legal age. And it doesnt take a lot of skill to walk up to someone and hand them a piece of paper. Now, before you get all upset, I am fully aware that sometimes you have to trick your way in, and that's not that big a deal either. I am licensed as a bail enforcement agent in three states, I think I know enough about pretext to trump you there. Anyways, that isn't the point.

let's get back to the matter at hand--I asked you to point out from my first post exactly what was wrong and to back it up with the relevant law. So far, you refuse to do so--you're more interested in trying to question my experience or my credentials. So, for a moment, let's forget the fact that I went to college to study the law. Let's forget that my daily work involves both criminal and civil law. Let's forget the fact that my track record on this forum for helping people in the area of debt collection law is flawless so far. Let's forget all of that, and get back to exactly what error you think I made. After all, no amount of experience matters if you cannot say 'here is the error you made, and here is the law that shows what's right'.

the ball is in your court--if you cannot abide by that simple request, then I would appreciate it if you would simply move along now. your choice. In the meantime, while you're pondering that one, I have spent half of my day actually helping the woman who posted this thread. I would bet money that my efforts there have been far more productive than yours have in questioning me about "exactly what my credentials are". I apparently must know SOMETHING here, considering the thousands of dollars I have helped save people from paying to illegal debt collectors....don't you agree?

ok....


1--Kerri is knee-deep trying to get any information on this, that's why she isnt posting here right now. We have also been communicating via email.

2--your suggestion was exactly the same as what I told her in the post you claimed I was not accurate in. its funny how you think that simply contacting them will clear this up--especially since she already responded to you in this thread that she did exactly that and hasn't gotten anywhere. Let me tell you what your advice got her:

---she went to the bank, and asked for the documentation. They told her that they are not required to give her anything, and so they refused to do so. All they did was tell her the attorney who sent the paperwork.

---she contacted the attorney, probably three dozen times by now, in the last couple days. The attorney's office refuses to talk to her about the matter! All she can do is leave a message and no one there ever contacts her back.

---she was at the bank, and the bank officer called the lawyer right in front of her. The attorney's office informed the bank officer that the only way they would talk to Kerri is if she left a message! so YOUR ADVICE got her EXACTLY NOWHERE.

Now, it's time for me to get to work with MY advice and experience. Which is exactly what I have been doing today.

3--if you dont think that I said this was an illegal judgment, then you need to go back and reread my first post. In fact, that post shows me saying BOTH of the following:


AND:



Those are taken directly from that post. i accounted for both possibilities, because we all know that a judgment must take place for a levy to be legally done in a consumer debt issue. So, next time you dont think I was saying something, perhaps reading would have helped your cause immensely.

So, this is what we have thus far. Kerri checked with all the districts in her county. She checked with the supreme court. She checked with her county clerk's office. She checked with the sheriff's department. NO CASE HAS EVER BEEN FILED AGAINST THEM IN ANY OF THESE PLACES. This is not even an illegally obtained judgment, it is WORSE--it is FRAUD. The debt collector hired this law office, and they have, based on all info we have found so far, fraudulently claimed to the bank that they have a judgment against Kerri. They LIED to the bank, and provided falsified paperwork. This is illegal on so many levels. And, we will be pursuing them all, from the OCC to address the bank's activities, to the FTC to address the debt collection laws that have been broken, to the NY State bar associaton to address the fraudulent activities of this law office. When all is said and done, Kerri will be collecting some money in her pocket for the many violations of state and federal laws that is taking place here.

NOW, zisky, please, let's see those errors I made in that post. Third time i am asking you to point them out, and so far all you have done is dodge the question.

wow, ok....let's take your disaster of a post one step at a time, shall we??



first off, get a clue. I was a bail agent for years before I began going to school, and I NEVER said I went to school to "be a bail agent". I went to school to study the law, and thats exactly what I said. Prove me wrong...oh, I'm sorry, you cannot....

And i stand by my process server comment--when there's no special training needed whatsoever and basically anyone in almost any state can walk into the profession, then like i said, thats on the lower end of the totem pole. As for the time you've been in that 'profession', I am certain that I can find a wal-mart greeter that's been handing people shopping carts for 13 years too. All that means is that they have either not found anything better, cannot find anything better, or don't possess the ambition to find anything better. That is not always a good thing, son.




only one problem, tough guy--I never said anything of the sort. in fact, the most I did mention was to ask her if she was on disability. I did not say anything more than that on this matter, so what the hell are you smoking??



another problem, chief--there is no such requirement in that state for the bank to supply her with so much as a kleenex, nevermind the documentation of the supposed judgment. And in this case, the bank is flat-out refusing to give her anything. THAT WORKS, huh???

This is proof positive that process servers should stick to process serving, you cant even read my post to know what i have even said and what i have not!



um, yeah....if there is no actual case, then there IS NO COURT ORDER FREEZING THE ACCOUNT. And at this point, there is still a question of whether this is a real case or fraud! A COURT ORDER WILL NOT EVEN BE POSSIBLE TO OVERTURN SOMETHING IF THE COURT DIDNT SET IT IN MOTION IN THE FIRST PLACE.

I posted that because of this simple fact--with ANY withdrawal of your bank account, if you can show that it is unlawful or unauthorized, the bank is REQUIRED BY LAW to check it out. In most cases, they will generally put the funds back into your account within a couple business days as long as you can show them that the entity that took the funds did so illegally. but hey, the process server wants her to go get a court order to stop something that the court potentially didnt even order in the first place!



NO, you IDIOT, certified letter so that she will HAVE A PRINTED RECORD OF HER ACTIONS. so she could PROVE THAT THE COURT CLERK RECEIVED HER LETTER. so that she could KEEP TRACK OF THE MATTER AND IF NEED BE REFER BACK TO WHOEVER SIGNED FOR HER ORIGINAL LETTER IN THE FUTURE. Thats the way we recommend ALL written communication in such matters be sent, to ANYONE involved in such an issue. One would think that a process server should understand the need for such evidence, no??

It's really funny, when you say that this is a 'laughable' concept, perhaps you should go speak to shazzers, one of our moderators.....you can ask her about the thread she posted in this very forum last year! in that thread, you would see where I not only suggested the same thing to her, but I WROTE THE LETTER FOR HER MYSELF. You know what happened?? The judge vacated the judgment due to improper service.

WOW, that sure is LAUGHABLE, isnt it? what the hell was I thinking? It WORKS, chief....that is why we do it.



SOL on the DEBT ITSELF, genius, NOT on a judgment. Just like you said, 'six years to begin the action". The whole point of me asking was to see if they began the action AFTER the 6 years would have been up. In our experience here in this forum, it is common practice for a lot of debt collectors to file suit after SOL is expired, and then deliberately use a wrong address for service, because once they get a default judgment, the average person doesnt know the law well enough to fight back.

Wow, THIS is your version of me being wrong on this?? EVERY ONE of your claims itself was an error on your part!



Wait a second, you claimed i made errors in my first post, but then you ask me this? Did you even READ my first post?? Because I suggested exactly that in there. wanna see?



then again, I have also told her that not all places use an online format to access this, so she would need to check and see whats available where she lives. NEXT!



and what law requires that?? the New York Banking Department told me themselves that there is no such requirement within the state. if there is a federal one, we will have to wait until Monday to find out because the OCC office is closed until then. but YES, I have already gone down this avenue, and we did this earlier, before you bestowed this pearl of process server wisdom upon us....

But you know who IS required to notify her? the PLAINTIFF IS...and in this case, that is through the ATTORNEY that wont speak with her. Which brings us to.....




are you ill?? did you bump your head?? WHY would they need to talk to her NOW about getting PAID?? They just levied her bank account for $2800!! Doesnt that mean that they just took the money ALREADY? WITHOUT talking to her? Why would it be so hard to believe that they now refuse to talk to her? ESPECIALLY if they did something illegal in the process!


That wouldnt have anything to do with why i said IF there was a judgment, and IF there wasnt one, could it??? Again, did you even read my post before you determined it was full of mistakes??? Apparently, if you did, you didnt read it very well....because you still havent gotten even one of these complaints right yet!


wow, I wish i could be a process server just like you!!!! SHE was aware of someone ELSE'S bill, and SHE did not pay SOMEONE ELSE'S BILL...so why should SHE have a judgment of ANY kind against her? And you claim that I am misguiding people?? youre a moron if you cannot see how you messed that one up.



right--we ALL should just let bottom feeder debt collectors just take all of our money without checking to see that they actually had any legal right to take it!!! you sure do work for the 'suing side', that much is obvious.




Did you even read her first post in this thread, where she said this:



??

Probably not.

Then again, since youre so worried about me wasting people's time, why dont I be more like you?? I could simply ignore that she already told us, and ask her again....whadayathink?






Again, from her first post in this thread:



Any questions? Should I still ask her? is any of this getting through to you yet?? The only one here that's wasting people's time is you--all of this info was already posted, and you actually think you have the balls and the reason to accuse me of not even checking into these things?

There's this place called the real world...do be sure to drop us a line and let us know when you get there, mmkay pumpkin?

oh, in case you still need further clarification, the above post came from me. for some reason, sometimes this forum doesnt keep people signed in. Since you seem to need every other piece of information spoon-fed to you twice, and even then youre still asking about it, I figured i better let you know that I posted that, so you didnt make some other ridiculous accusation about how I am making all sorts of mistakes and not being thorough on this one.

Good day to you.

Where did you see ANYTHING that said that I ADVISED HER TO DO THAT?

I merely reported what SHE told ME that SHE HAD DONE in an email....



see above, genius. I NEVER advised it--she merely told me where she had checked! IF YOU DONT KNOW WHAT THE HELL YOURE TALKING ABOUT, THEN SHUT THE HELL UP.

you have NO business and NO RIGHT to try to mock what I do here, or to insult me for ANYTHING. You listed out a whole bunch of things you claimed that I did wrong, and the explanation for EACH ONE of them shows where YOU messed up, not me!




You are about clueless....how did you miss the part where this was all checked?? how did you not notice the part where no lawsuit was found? WHY THE HELL do you think I called it FRAUD, you moron, when no lawsuit was discovered, and yet somehow paperwork was still filed with the bank?? If there is no lawsuit on record in her county court, then THERE WAS NO LAWSUIT FILED. she checked it, and told me that no such suit appears! If that's true, then where did the paperwork that was sent to her bank come from?? THAT is why I called it fraud, pal....because if everything I have been told is the truth then THERE IS NO OTHER EXPLANATION POSSIBLE.

What kind of an idiot must you be that you cant even read what has already been checked before you make such an accusation???

READING....try it out sometime....


EDIT--why do you have nothing to say about all of the so-called errors that I showed you messing up on? Nothing at all?? Gee, I wonder why...

OK, here's something else that makes no sense at all.....kerri got ahold of someone on the phone at her bank's regional office. according to them, the levy documentation states $1,800 is to be taken, but her branch office has specifically told her that the amount on the documentation is $2,800, and the larger amount is what has been taken. There are way too many things not adding up.

oh, and zisky, dont even bother replying, since you cannot be bothered to read a friggin post anyways before you want to tell the world how they dont know anything.

WOW you get cranky when your Angry!

So know your disrespecting wal-mart greeters, that happens to be my day job!

Well you see if she asked me I would have told her it would not be a supreme court action, but im certain you knew that

If you knew how to research thing properly and not jump to false accusations you could stop wasting everyones time

DISABILTY : You said it ???????so are you on disability or social security? i'm trying to find out how you get money in your account. Please give us some details there, because some things like disability income are not subject to garnishment or levy.???????

NYS LAW requires the bank supply her with a mail copy of the restraining notice, the one playing lawer find it yourself, if you can I will

BACK TO YOUR LETTER WRITING CAMPAING ???????? there MUST be an index number, MUST in order for the bank to restrain the account, valid or not there MUST be an index number and it MUST be on the restraining notice

Oh??????? you got this correct, about that letter you wrote the JUDGE vacated the judgment, my guess AFTER the Debtor appeared and presented the facts ???????? I know your ego want to believe it was you ???????letter???????

SOL ???????? wrong again , you wrote ???????let me ask you this as well--how old exactly is this debt? STatute of limitations in NY is 6 years, so if this debt has been delinquent for longer than that, they are past the SOL and that alone would be grounds to get this whole thing thrown out permanently.??????? As im sure your aware ???????? you cant levy a bank account without a judgment, therefore, IT MUST BE a judgment, whether you believe it valid or not, so??????? 20 years baby!

Contacting the County clerk, I sent her the website!

About me being ill, WHY do they need to talk to her, because the account is restrained! That????????s it , A HOLD ON THE ACCOUNT, all of the funds will remain there until 1. She proves the judgment is invalid, 2. Pays the law firm, 3. the account is executed against, which in NY could take 6 months, SO just to HELP you understand this NO it doesn????????t mean ??????? they just took the money ALREADY????????

She was aware of the bill, didn????????t want to pay it (as she said) didn????????t dispute it, what was it going to just go away? I wish I could do that with mine! She put her boyfriend on her account, WHY? If I had to guess TO SHELTER HIM from this situation EXACTLY and it has bitten her in the ass.

And it is all getting through to me, is it getting through to you? so was she served, was her boyfriend served correctly? How many letters did they disregard, how many phone calls before this became a judgment, did you get a copy of the transcript, the affidavit of service? Is this a valid judgment in ???????the real world??????? ???????. You????????re not that bright are you? Instead misguiding people spend a little more time "studying law" or better yet go push some carts at wal mart, it for fitting

KEEP IN MIND, i posted my knowlegde in the attempt to assist this woman, and because you and Mr Mergel didnt like my answer it has turned in to an attack on my career, you guys are pathetic

Quote:

so, where the hell did you learn math???

Was it the same place you learned process serving?

Let's dumb this down a bit and see if you can find your own mistake....



SO....the actual judgment amount would be more than $1800...right?? let's continue....


OK, so now, youre saying that they will freeze twice the amount.


OK....so, break out your calculator.....the regional office stated that they received an order to freeze $1800. the branch office stated that they received an order to freeze $2800. only one order was received from one "case", so we know we arent dealing with multiple orders here.

NOW-riddle me this. if $2800 was frozen, and the law requires them to freeze twice the total judgment amount, then how much would the actual judgment amount have been??? it would have been $1400, or half the total frozen amount. if the balance owed was $1800, then the extra fees would be ADDED to that, thus making the judgment MORE than $1800. This means that MORE than $2800 would have been frozen if your logic was truthful. yet that is not the case at all here.

when you catch up with the intelligence in your calculator, let us know.

from now on when zisky posts PM me.i told him i would delete his counterproductive posts and i meant it.i'm frankly tired of the misinformation and the fact that skydiver has to try to justify his good advice to that troll.i deleted all of his posts and will do the same to any future posts by zisky.

Darn! Miss a day, miss a lot!

Wow, I kind of hope you don't delete Zisky's posts Paul! I'm really learning a lot from SkyDivr's responses to them! I can entirely understand if SkyDivr's getting mentally drained by Zisky's ignorance and lack of reading comprehension, as demonstrated by his asinine posts.

Not to mention his fingers are probably sore as hell from all his typing.

Please, keep us posted on what's going on with this SkyDivr and Kerri! I'm anxious to see how this all works out for you Kerri.

Quite a learning experience.

we are all learning alot from skydiver's responses to zitsky,but i am starting to think that this troll has more than a passing interest in this particular topic.i won't always be around to catch it fresh,but i will delete when i see it.

alright, the latest update as emailed to me.

yesterday, despite contacting every district in her county and being told otherwise by each of them, Kerri learned that there is in fact a judgment--one that was illegally obtained, for two reasons.

first, the case was filed in a district that she doesnt live in, so in other words, improper venue. They knew the address where her boyfriend lived, they sent him a letter at that address, and then they chose to file the case in a different district.

second, improper service. They had the summons sent to an address that never had any connection whatsoever to her or her boyfriend. The address was, of course, in the district they filed in--wrong place and wrong address. But of course, since they had already communicated with the boyfriend at his current address, they knew damn well where to find him. This is just one more example of a shady debt collector trying to get around the law.

Kerri called that district, and was told that nothing was filed against her boyfriend there. it was only when she called back the second time--because when she finally heard from Chase about the documentation, thats where they said it was from.

In either case, the address is way off, and they clearly knew better, so the next move will be to put a stop to this whole illegal mess. This is the kind of thing that debt collectors do when they cannot prove their case.

oh, and zisky, just shut the hell up already. your errors have been pointed out in detail, right down to your failure at basic math. you dont have anything worthwhile to say here, so why dont you just get the hell lost and go back to your 'suing side' band of crooks, thieves and liars. There was NOT "personal service" when the address they served is all the way across the city and not even in the right district. fdcpa is 100% clear that the case must be filed either where the transaction originated or where the consumer currently resides, and those two in this case are the same address, which clearly has been ignored on purpose by the plaintiff. So, run along, go learn some basic math skills at least, and be gone--I am quite sure by now that your village is missing their idiot.

LOL!

Village Idiot.

When you said "..go learn some basic math skills at least, and be gone..", I thought you would finish it up with "before someone drops a house on you."

Your way was much more funny and appropriate.

I have to wonder, isn't there some way the courts keep track of how many cases are proved to be filed fraudulently by CA's, Like filing in the improper venue or improper service, so it can be better tracked when they do this in order to obtain illegal default judgments? It seems to me the technology has to be available in order to do this.

It seems like an abuse of the justice system on the part of the CA's that have a proven record of doing this (and believe me there are quite a few) and they should be penalized for that!

Of course, as skydivr7673 already pointed out, how many of these fraudulent default judgments aren't even challenged by the victimized debtor because the don't have any understanding of the laws and cannot afford attorneys.

guest3 who just got deleted.do not tell me how to look out for this forum.everything zitsky posted was to muddy the waters,confuse the OP,and take shots at a particular member.that is offensive.i have never deleted just to delete.well..maybe now,but that is the only time.every other time i have had a good reason.

Gosh dang, Paul put yo shooting iron back in yo holster and get yo finger off the trigger. y'all done gone and got trigger happy. You is shooting the varmints before I can read them thar posts. Sam

Be very Careful Paul that you aren't treading on the constitutinal rights of others regarding free speech. When you choose to delete their post that you don't agree with, you have taken away that right. Could be grounds for a lawsuit against you and the owners of this forum. Think about it very carefully.

on a forum that owned by an individual or group free speech doesn't apply.besides zitsky was only here to undermine the efforts of skydiver.which helped the OP.guest3 shouldn't be telling a moderator how to preserve the integrity of this forum.so there you have it.also the owners are not responsible for the content of posts.that is up to the us.so don't threaten me or anybody else here.i can contact the somebody in the ADMIN about this.so don't go there got it?

Also Paul you would think that someone with the name lawman could spell Constitutional, maby his spell check is busted.

Furthermore when it comes to facts of defamation, they are not covered by Free Speech, Skydivr7673 clearly gave the best advice to the topic starter and others have come here to discourage that advice and to deter the topic starter from his advice when such advice is correct. Read the definition of defamation as it pertains to freedom of speech:

"A communication is defamatory if it tends to so harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him."


So put that in your pipe and smoke it LAWMAN!!!!!!!!

thank you guest.also there is the TOS rules set up by the owner of this forum.obey them or whatever post is history.

why are you still hiding behind "guest" ? if you have something real, something legitimate to say, then register and stop hiding. it takes real stones to sling mud from behind the curtain, you imbecile.....

As for your commentary, you must need hooked on phonics. I proved that clown's claims dead wrong at every turn, right down to his failed attempt at simple math. seriously, who cannot add or subtract numbers like that, and yet calls himself a "professional" at anything?

When you can grow up enough to stop hiding behind guest posts, be sure to let us know. Until then, youre simply irrelevant.

Anyone is welcome to share their opinio, experience, etc., but personal attaacks will not be permitted. We, as mods, don't just delete when someone disagrees, we follow the TOS. If you have questions, read the Terms of Service..Please change your user name, it is just asking for trouble.