AMEX Levy on a Bank Account
Date: Thu, 02/17/2011 - 08:31
Yesterday afternoon a debt of over $1000 was placed on my boyfriends bank account and the desc. said "DDA 1LLG". It overdrafted him over $500 and he also has checks waiting to proecess for bills. He rushed to the bank thinking it was fraud. They couldn't tell him anything and said he would have to wait till morning and call the legal department of the bank.
He called this morning and found out it was a judgement against him with AMEX. Last year he had been paying on the debt. It ended up switching hands between two debt collection agencies. One day the second company stopped taking his payments.They mailed him a letter saying they no longer held the debt and the next company would contact him. He never received anything from any other company. He called AMEX whom said they didn't know who held the debt but it hadn't come back to them and he would need to wait for the next company to contact him. Nothing ever came.
This morning he began dealing with the withdraw from his account. I guess AMEX went to court, got a default judgement (because he was never served with a summons) and levied his bank account. The bank then grossly overdrafted his account. They are blaming the over draft on the fact when they did receive the order from AMEX that he did have the money in his account. They began processing on the 14th but it didn't show and try to debit from his account till the end of the day on the 16th.
Also we found out that AMEX did not file in his county. He both works and lives in Ventura Country. They filed in Los Angeles. They had filed against him once before in the right county back in 2009. He promptly responded to the summons and ended up setting up payments. He paid the payments promptly every month till he was told that company no longer held the debt. Neither that law firm or AMEX could tell him whom held the debt.
Doesn't a creditor or collection agency have to file in your county?
He called this morning and found out it was a judgement against him with AMEX. Last year he had been paying on the debt. It ended up switching hands between two debt collection agencies. One day the second company stopped taking his payments.They mailed him a letter saying they no longer held the debt and the next company would contact him. He never received anything from any other company. He called AMEX whom said they didn't know who held the debt but it hadn't come back to them and he would need to wait for the next company to contact him. Nothing ever came.
This morning he began dealing with the withdraw from his account. I guess AMEX went to court, got a default judgement (because he was never served with a summons) and levied his bank account. The bank then grossly overdrafted his account. They are blaming the over draft on the fact when they did receive the order from AMEX that he did have the money in his account. They began processing on the 14th but it didn't show and try to debit from his account till the end of the day on the 16th.
Also we found out that AMEX did not file in his county. He both works and lives in Ventura Country. They filed in Los Angeles. They had filed against him once before in the right county back in 2009. He promptly responded to the summons and ended up setting up payments. He paid the payments promptly every month till he was told that company no longer held the debt. Neither that law firm or AMEX could tell him whom held the debt.
Doesn't a creditor or collection agency have to file in your county?
Ask your boyfriend to get legal help immediately. Consult an law
Ask your boyfriend to get legal help immediately. Consult an lawyer asap. Yes, creditors or collection agency should file case in your county. But not all the creditors or CAs do that. If they have secured judgment order in Los Angeles, then they can levy it in your state through domestication of judgment.
