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Bank Levy with no notice

Date: Sat, 03/10/2012 - 09:16

Submitted by lreinsager
on Sat, 03/10/2012 - 09:16

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Total Replies: 6


I recently (two days ago I think) had my checking account levied/garnished, im not sure which, by Midland Funding. They claim we owe them a debt over 16,000 according to my bank however, neither my husband or I have ever had a large loan or medical bills that could possibly cause this to happen. As I stated in the title we did not receive any kind of notice that they were going to do this or that we supposedly have a debt with this company until I saw the levy/garnish notice on my online banking and when to the bank branch which gave me the company and amount being claimed.
my question is Do you know how we can find out where this is coming from and if they are allowed to put this hold on the account without notice?


Have you checked the court dockets in your county for a civil judgment against you? Somewhere along the line, you have probably been sued. Have you checked your credit report? Have you called Midland yet?
They will not warn you ahead of time that this is going to happen....they are trying to collect money and warning the debtor would give them the change to move funds.


lrhall41

Submitted by SOAPLADY on Sat, 03/10/2012 - 11:12

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I recently had the money in my bank account garnished.
The money wanted was for a debt my mom owed and it was taken from an account that had been a joint account from when I was a child but when I was 19 I had my mom removed from the bank account, however, when me and her went to the bank the bank said they have no record of her being removed from the account.
because of this the bank says that the money will still be garnished even though she has never put money in the account.
The money will be in account until 3-20-2012 and then taken until the court has given a judgement,(as we understand it.)

I am 22 year old married college student with no experience in this type matter or extra cash and was wanting some advice on where I should go from here.

one thing we are really wanting to know about is if it would be a good idea to get a lawyer? My mom is being represented by a legal aid group here in town so I was not sure if need would need/want our own lawyer as well. We do not have the money for this really though since they garnished the account and still would not after the money is returned as it is needed.


lrhall41

Submitted by lreinsager on Mon, 03/12/2012 - 15:10

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Please do not start new threads, particularly when you havent answered the questions previously asked of you.

OK...the debt is not yours right? They are just garnishing your bank account because your mom's name is not on it. Unfortunately, you may have a difficult time getting it back unless the funds are exempt. If the debt is not yours, they are not suing you...just your mom.


lrhall41

Submitted by SOAPLADY on Mon, 03/12/2012 - 17:21

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if you have papers from the bank from the time when you removed mom from the account then you can prove the bank wrong and get your money back

this seems to be in the same kind of frauds banks do with mortgages and foreclosing on people who never had loans

i would take those papers and find a lawyer to sue the bank to pay you back the money they took from you by taking your money on a levy against mom - taking money from one customer for a levy against a different customer is theft

seems the bank is trying to lie their way out of screwing up like they tried to make it my fault a company decided to steal and claiming i authorized it by giving my account info as the excuse to do nothing - never gave my info but it was stolen

i would also stop using that bank for all business right now


lrhall41

Submitted by jamieg25 on Fri, 03/23/2012 - 17:48

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Quote:

if you have papers from the bank from the time when you removed mom from the account then you can prove the bank wrong and get your money back


Nope, probably aint gonna happen. Joint account means joint ownership. Comingled funds unless exempt is fair game.

Quote:
this seems to be in the same kind of frauds banks do with mortgages and foreclosing on people who never had loans

Absolutely nothing fraudulent about it at all.

Quote:
i would take those papers and find a lawyer to sue the bank to pay you back the money they took from you by taking your money on a levy against mom - taking money from one customer for a levy against a different customer is theft


Again you are wrong. The bank has done absolutely nothing wrong except obey a court order. Moms name is on the account, it is considered HER money too.


lrhall41

Submitted by SOAPLADY on Fri, 03/23/2012 - 18:16

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