credit counseling, then judgement, then checking wipe out.
Date: Sun, 03/02/2008 - 19:15
basically, I've been working with credit counselors since November. We set up a payment plan and I've been paying them since then. Received notice from the court for judgement default court date on one of the ca's listed with my credit counselors. asset acceptance attorney called me 2 days before the court date and told me everything was taken care of and to not worry about it because I was in credit counseling. ummm, yeah right.... I didn't go to court and of course judgement default was issued.... I know I was stupid....
Anyways, last thursday, asset acceptance's lawyer took out every dime on our joint checking account without our knowledge. I didn't know this until saturday, and our house payment is ACH and came out on friday and other bills came out leaving us with some major overdraft charges.
My question is, are they allowed to take every dime out of our checking accout like that? if so, can they do that everytime we have a deposit made? I can't work, and my husband's income is all we have. The judgement was against me, not him....I have a disconnect notice for our electric and can't even afford to pay that and I have 3 kids.
While doing research into this I came upon this link http://www.acollectionagency.com/statuteoflimitations/kentucky.php
Now, if I am understanding that link correctly, it says that they can only take 75% of disposible income or 30x the minimum wage rate, which would be 175. they took every dime, which was around 290.00... Is this legal? My dad says to get an attorney for myself, but without money, I can't do anything....
Could someone just let me know if it is legal, and if so, what to expect next. I still don't understand it all, because I was making payment to my credit counselors every month.
hi Ted... I believe you are confusing wage garnishment with l
hi Ted...
I believe you are confusing wage garnishment with levying your bank account. The 75% numbers you mentioned apply to wage garnishment. Once your paycheck hits your bank account, it is no longer wage garnishing--it is asset levying. Long story short, you need to check with your state's laws concerning this, but generally, once the money's in your account they can take it all.
As for the court issue, I would recommend you speak to an attorney NOW, as in ASAP. You got screwed, and what happened was illegal. I know youre worried about being able to afford an attorney, but you need to look into your options, seriously. You might find a legal aid office in your area that can help, or you might even find an attorney willing to take your case pro-bono--hey, it happens once in a while. But you need to speak to a lawyer yesterday on this one. Go to the website naca.net and look for a debt attorney in your area. Many of them offer free first consultations. You were shafted by the plaintiff's attorney when they called and told you that you dont need to show up because of the credit counselors. It is illegal for them to misrepresent anything to you like that. I would contact your telephone company and check about getting an itemized bill showing that incoming call.
You can also petition the court to vacate the judgment because of illegal and unethical practices by plaintiff's attorney. It is against the fdcpa to misrepresent anything like that, and a collection lawyer is subject to the FDCPA.
wow...that's just bad... it's my husbands payroll, not mine. T
wow...that's just bad... it's my husbands payroll, not mine. The only way he can get paid is by direct deposit, his company doesn't issue paper checks. I did check the link you posted skydvr, but there are no attorneys in my area, they are all 3-4 hours away. It appears that we are just gonna be messed up for a while if they can take every dime that goes into the account like that because like I said, he can't get paid any other way.
Do they not have to let us know in advance that they are taking money from that account? I honestly didn't know anything about it.
Another question.... If my name isn't on the account, can they still take it out? I'm just trying to find a way to survive, I mean honestly, we don't have a dime to our name. I'm so frustrated.
Until the situation is corrected,I would distribute my accounts.
Until the situation is corrected,I would distribute my accounts.
ok, KY is not a community property state, so they cannot go afte
ok, KY is not a community property state, so they cannot go after his things. It has to have your name on it. Otherwise, as far as I can tell, they cannot legally touch it. Do you have another bank account, one thats only in his name? If so, the best option is to have him switch his direct deposit over to that account. That should take care of it. If not, perhaps he can open one up at the same bank. I dont see how that would be illegal, since he is not named in the suit and is free to do what he pleases with his income. It isnt like you are trying to hide your income in that manner, so I dont think that would be an issue. I would get that new account opened ASAP though.
But I would still write the court and explain how you were lied to and request that the judgment be vacated due to the plaintiff's attorney's malicious attempt to ensure a default judgment would take place by telling you it was all handled.