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Wage garnishment and frozen accounts - Kind of need help

Date: Fri, 12/14/2007 - 06:28

Submitted by Breakthecycle2
on Fri, 12/14/2007 - 06:28

Posts: 197 Credits: [Donate]

Total Replies: 13


How does this process work? I received a letter from Mitchell N. Kay stating I had a $6,100 debt to Honda. The letter was dated November 3, 2007, but I just received it December 10, 2007 because I moved. i know these guys are questionable, but I've read that they have frozen some account apparently before. I sent them a debt validation letter on the 10, which was technically after that "you have 30 days" thing.

A few years ago, Pressler and Pressler sued me. Naive, I never sent a DV letter and I couldn't keep up with the rediculous payments that had me at. I was working either so they levied my bank account for like $1,100 and then when I started working, they garnished my wages until it was paid.

Basically my question is, not only how does that process work, but is there a way they can get your account numbers without giving it to them?


No not at all or not yet I guess, but should I be O.K., as far as sending the DV after the 30 days as well? I remember when I did have my account levied and my wages agrnished, I did get letters to show up in court, but of course I didn't and Pressler and Pressler got the default judgement. That was for a CC I maxed out at $1,000 when I was 20 years old and somehow ran up to over $3,000. I really wish i sent a DV letter because $2,000 outstanding fees in rediculous.

Is there a way these collectors can get your bank account info? I remember with P&P that I believe I sent them payment via check for something, so maybe that's how they got it.


lrhall41

Submitted by Breakthecycle2 on Fri, 12/14/2007 - 06:48

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Lawyer Mitch Kay is also involved with Plaza Associates and MKM Acquisitions. His organizations have a bad reputation for fdcpa and FCRA violations. They hire under-trained semi-desperate collectors who are hell-bent on a paycheck at any cost. I suggest that you give them the boot via the FREE cease-comm letter. You need not worry about their threats of a lawsuit, Kay likely hasn't seen a court-room since law school.


lrhall41

Submitted by on Fri, 12/14/2007 - 09:50

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On Jan 2,2009 I was served with a summons from sheriff's department from a collections that I owed from Capital One Bank. I letter said that I had 30 days to respond. So I responded to the letter and set up payment arrangements to have them take out $413.00 out of my bank account per month for the next 4 months. Know I allow them to take of 3 of the 4 payments. Back in march 2009 i called and told them that my job was cutting hours and i couldn't pay the $413 from this month and that i needed to cancel that payment. The girl I spoke with said yes you can cancel it and I asked her If i could change the amount and she said no. and I haven't been able to pay anything on the bill since then...Now I go to check my bank acct yesterday and it's frozen and i wasn't aware.. I need help..


lrhall41

Submitted by on Fri, 06/26/2009 - 20:08

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On Jan 2,2009 I was served with a summons from sheriff's department from a collections that I owed from Capital One Bank. I letter said that I had 30 days to respond. So I responded to the letter and set up payment arrangements to have them take out $413.00 out of my bank account per month for the next 4 months. Know I allow them to take of 3 of the 4 payments. Back in march 2009 i called and told them that my job was cutting hours and i couldn't pay the $413 from this month and that i needed to cancel that payment. The girl I spoke with said yes you can cancel it and I asked her If i could change the amount and she said no. and I haven't been able to pay anything on the bill since then...Now I go to check my bank acct yesterday and it's frozen and i wasn't aware.. I need help..


lrhall41

Submitted by on Fri, 06/26/2009 - 20:09

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unless your were properly served and sued and the CA won, they cannot freeze your bank account(s) w/out a legal judgment from the court signed by a judge. so you must have went to a court mediation or something, and admitted guilt and set up payments, so when you quit paying, they had the legal court paperwork all ready in hand to levy your bank account.


lrhall41

Submitted by on Thu, 07/30/2009 - 16:59

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