CA Levied our bank account in error
Date: Sun, 04/25/2010 - 16:18
We have a payment agreement in place with a collecton agency ~they took us to court last year and we were very intimadated and were bullied into agreeing on paying for $7000 towards an old $5800 debt without even seeing the validation of debt that we had requested in writing . A judgement shows up on our CR however the court papers say that a judgment is not to be executed unless we do not make the agreed upon $100 per month payment. We have done this each month ahead of time. In March of 2010 the CA mistakenly levied our bank account becuase they thought we had not been paying on time however a couple of days later they realized there mistake and the levy was lifted. Was that illegal for them to do? My next question is , is it possible to negotiate a lower payment in one lump sum just to be over and done with these people ?
Yes it was illegal. They should not have been able to levy your
Yes it was illegal. They should not have been able to levy your bank account without proof that you did not make the required payments. The court judgment governs what they legally can and cannot do. You should contact the CA and either have them refund the money they levied or see of you can have it credited toward one of your required payments.
It is possible but unlikely that the CA will negotiate with you at this point. They already have a judgment against you requiring you to pay the full amount and they have no reason to release the judgment without the full payment.
