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I hope someone can help me

Date: Wed, 04/15/2009 - 14:30

Submitted by anonymous
on Wed, 04/15/2009 - 14:30

Posts: 202330 Credits: [Donate]

Total Replies: 3


I have posted here before (about a month ago) about a citation to discover assets against our bank account for a judgement from an old CC debt. Well today was our court date and because I couldn't find the pay stub proving the money in there was unemployment, we claimed our $4,000 wildcard exemption, thereby refusing to allow the creditor to take the money. So they handed us a piece of paper, told us to take it downstairs and have it notarized, then we could take it to our bank to release the freeze on our account. We did that and were told it would take approx. 1 1/2 hours to release the funds. So we went back to withdraw the money (we're not leaving anything in any account w/his name on it) and were told that something stated with the citation says THEIR lawyer gets $140, so now my account is STILL sitting negative for $39.40. I've read over every piece of paper I have, and I can't find anywhere where it mentions this, and I KNOW it wasn't on the piece of paper he signed at court. Now I realize that they're lawyer has a fee, but shouldn't they (the plaintiff) have paid that, or tacked it to the "balance" with all the other fees and BS? Anybody????


Nevermind, my husband just got home from talking to our bank AGAIN and found it there was an error in the way the lawyer filled out the form, IMAGINE THAT!!! So he got our $100 and now all is well, for now. I would still like to talk someone though, preferably with knowledge of Illinois, as that's where I"m at. I contacted a lawyer through NACA, but he never got back to me, after I sent him copies of everything, like he asked. I would really like some help, because I know they are going to come after us again.


lrhall41

Submitted by on Wed, 04/15/2009 - 14:40

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Well, it was originally a Bank of America credit card. Apex tried to collect for a while, then turned it over to Hilco receivables who got judgement Feb '07 and started garnishment in June '07. After receiving first payment they then dimissed the garnishment (6 days later). In Jan '08 a "lawyer" Keith Schindler contacted me on behalf of Calvary Portfolio who was assigned by Hilco to collect. They froze our bank account last month and we just went to court yesterday. At this point, idk who OWNS the debt but if it isn't Hilco then Schindler couldn't have "legally" froze my bank account because Cavalry doesn't have judgement against us correct? I just think there's several shady things about this whole matter, and I need some help decifering what's heads and tails in all this.


lrhall41

Submitted by on Thu, 04/16/2009 - 11:05

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