Need help, Checking account garnished without judgment.
Date: Thu, 02/12/2009 - 18:51
The name of the company in question is Saber Acceptance corp. out of Oklahoma.
A few years ago my wife and I purchased a vehicle from a shady dealership were you could make weekly payments. I know, my fault.
Anyway these people didn’t play games when it came to making your payments on time.
Well long story short, we fell into some financial hard ship and got a few weeks behind on our payments. We start getting calls immediately with threats of repossession if payment was not made in full immediately. I was able to make arrangements to pay the full amount (I think it was something like $150-200) on a certain date.
Well the deadline came and I was scrambling to get the cash to make the payment. The bad thing is I actually got the cash but the offices closed before I could make contact with them. Sometime during the night they reposes the vehicle.
The following morning after discovering the vehicle was gone I contacted the office and told them that I had the money and explained that I had called just after the closed. The incredibly rude lady told me that I broke the contract and there was nothing she could do short of me paying the full amount of the debt own (something like $5,000). So, I swallowed what little pride I had left and pleaded with her to let me work something out.
Eventually she agreed to allow me to get the vehicle back if I paid $500.00 right then. I agreed and we started making the arrangements over the phone. After everything was agreed to she drops a bomb. She actually tells me that I will need to get a wrecker truck to pickup the vehicle, which was about 50 miles away from my hometown because they blew the engine after repossessing the vehicle.
As you can expect I blew my top and refused to have any more dealing with these people because they were in my eyes criminal. One, for repossessing a vehicle after only being a couple of weeks behind and second for attempting to get me to pay for a vehicle they destroyed.
Well I get with a lawyer and he suggests that he send them a letter and attempt to settle with the company. He sends the letter but never get a response.
Well a year or two goes by and we never here anything from the company again, I was actually thinking the layer scared these a-holes into dropping their collection attempts. WRONG!
One day I go to the grocery store to get some diner. I go through the checkout and my debit card gets declined, but I know I have plenty of cash in the bank. I call the bank and learn that my bank account has been garnished and these take every last penny I have, about $1300 to be exact.
I go strait to this lawyer (who is giving my advise for free) and he says they can’t do that without a judgment. He tells me to go to the county court house and speak to a judge, so I do. The judge says the same thing and orders the bank and Saber Acceptance Corp to return all my money. I also find out while I’m at the courthouse that this company has done this repeatedly, I don’t know if that means anything or if they plan on doing anything about it but I hope so.
They lawyer tells me that I could potentially sue Saber acceptance corp. as well as my bank for taking my money without judgment.
I just wanted to run this past you guys and see what you think. Is there anything I can do?
The attorney and judge are correct. If they did not have a judg
The attorney and judge are correct. If they did not have a judgement of lien then the company & the bank are both liable. I would immediately call my bank and ask to speak to a manager. At the very least they should immediately reimburse you for the amount withdrawn PLUS any fees/servicecharges etc that incurred since they processed an illegal garnishment.
It is required that a person be notified IN WRITING that an account is about to be garnished - and a copy of the notice to you has to be sent to the bank before their process the garnishment - ask your bank for a copy of this document. Check the address. if it shows that they mailed it to an old address (which therefore couldn't have reached you) then the bank is responsible for notifying you the garnishment is pending and would also be liable.
