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Morgan & Pottinger

Date: Mon, 08/22/2011 - 06:50

Submitted by lopewithstyle
on Mon, 08/22/2011 - 06:50

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Total Replies: 2


So the other day I go to use my bank account to find out it had a legal hold on it and Morgan & Pottinger took everything in all my accounts, I contacted them and they were trying to collect on a old credit card debt from 2003 that I had made arrangements with the card company to pay the debt and I followed thru and paid like I was suppose to and finished paying the debt now they are telling me I owe $9,056.39, thank god I have my paperwork from the credit card company, but in the mean time without ANY forwarning they have taken $600 some dollars out of my savings and both checking accounts how can they do that I was NEVER notified by them. HELP


Very few garnishments can be affected without a court order. Those are usually restricted to governmental agencies who have such authority based on specific legislative provisions.

If they obtained a court-order to garnish assets, you should have been served legal notice of that proceeding prior to trial, and been afforded your right to attend and offer your defense. So you might have an issue of improper notice of service, and thus grounds to have whatever court order was granted vacated.

YOu must find out what court ordered the authority, then go to the clerk of that court, and thoroughly review the records of that proceeding. Look particularly for their showing of notice of service upon you of the proceeding, which is a required administrative showing before trial. What are the legal requirements for service in your jurisdiction, and did they comply?


lrhall41

Submitted by Lian on Mon, 08/22/2011 - 19:19

( Posts: 234 | Credits: )