Bank account seized
Date: Fri, 09/14/2012 - 17:18
My bank account was seized a few weeks ago. I asked the attorney on record what this was for. They refuse to give me any information. They said to look at my credit card. I told them I don't have a credit card. They told me this was something from 2009...but declined to give me any other information.
I found out it's for HSBC. I had an Orchard Bank card that was closed and charged off in 2004. Then it was sold to a third party..according to HSBC.
I DID have an Orchard bank card; which was secured. I had made ONE late payment and they charged me a late fee; which brought me over the limit and they charged me an over the limit fee. I asked them at that time to use the money I had as security to pay off the card; then close my account and I would pay the late charges. They would not close the account until EVERYTHING was paid; and they continued to charge me late fees and over the limit fees! From what I can tell, the only thing I owe are all these fees!
I never got notification to go to court. I got a letter saying my bank account was going to be seized and the next day it was!
I asked for "Proof of Debt" in writing and they refuse to give me anything. I sent a Certified letter to the attorney and the courts to vacate the seizure. I just received a letter yesterday from the same attorney for the same account stating they are going to court to have my wages garnished.
Is there anything I can do? What do I do when I go to court? Doesn't the attorney have to send me "proof of debt"?
I found out it's for HSBC. I had an Orchard Bank card that was closed and charged off in 2004. Then it was sold to a third party..according to HSBC.
I DID have an Orchard bank card; which was secured. I had made ONE late payment and they charged me a late fee; which brought me over the limit and they charged me an over the limit fee. I asked them at that time to use the money I had as security to pay off the card; then close my account and I would pay the late charges. They would not close the account until EVERYTHING was paid; and they continued to charge me late fees and over the limit fees! From what I can tell, the only thing I owe are all these fees!
I never got notification to go to court. I got a letter saying my bank account was going to be seized and the next day it was!
I asked for "Proof of Debt" in writing and they refuse to give me anything. I sent a Certified letter to the attorney and the courts to vacate the seizure. I just received a letter yesterday from the same attorney for the same account stating they are going to court to have my wages garnished.
Is there anything I can do? What do I do when I go to court? Doesn't the attorney have to send me "proof of debt"?
Quote:I asked for "Proof of Debt" in writing and they refuse to
Quote:
I asked for "Proof of Debt" in writing and they refuse to give me anything. I sent a Certified letter to the attorney and the courts to vacate the seizure. I just received a letter yesterday from the same attorney for the same account stating they are going to court to have my wages garnished. |
Did you look up the Rules for Civil procedure?? Asking for proof of the debt post judgment is NOT going to have the judgement set aside.
Where you served a summons for the judgment?? Have you looked it up online or called the clerk of the court to find out when and how they served you? If you truly were not served, that would be your out...you could motion the court to set aside the judgment based on lack of service. However they could turn around and re-serve you again. That is when you have the opportunity to ask for proof of the debt in the discovery phase.
