Garnishment of Bank Accounts

[MrShake]

What is the name of your state?What is the name of your state? Illinios

I need some advice to get me pointed in the right direction. Follow along, this might be a bit long.

Ok.. This is a credit card debt that a judgment was gained on me in january of 2004. I came to an agreement even before the court date for a payment of 150 a month for 4 months and then they would renegotiate a 14 month payoff.
Then bad things started to happen.
At the court date, the lawyer who showed up was unorganised and was unable to get me a copy of the judgement papers within a reasonable time, I had to return to work, so he said he would mail me a copy. We are now over 1 year later and I have yet to recieve it, and I have asked for it more than once sense.
I was also promised in writing to recieve monthly statments with the current balance and payment to be made. I have never recieved one. I offered to setup checks over the phone for the entire payment arangement, they refused and I was forced to call in every month to make payment. Over a 12 month period, I did make 10 payments, and called each time I forgot (again, never a pice of mail outside of deliquency notices that came 45-60 days after payment was due) to make arangements. I requested balance statements and a copy of my judgement every time.
As well... it took them 19+ days every month to cash my check over the phone.
The original debt at the time of judgement was about 4000 dollars.
Now, in january (I had missed payment in dec) I called again to makeup for the forgoten payment and make januarys payment and was told I could not make any payment due to "furter action" I asked what the action was, and was told that the lady couldn't tell me and that she would have my "account manager" call me. A month and a half has gone by since that conversation and no call from them.
Today, I was confronted with a denied debit card and when questioning the bank, my wife and I's joint account has been frozen. This debt was incured before we were married. Apon calling the law firm, they confirmed the freeze, gave me a court date and a payoff of 4000+
Now.. again, original judgement balance of 4000, 10 months of 150 a month payments and a final balance of 4000+

I'm not sure what to do next besides trying to borrow the money and pay it. I'm inclined to think that I have been the victim of unfair practices, but I am unsure of how best to pursue it.

Please, ask any details you might need to make a sugestion, I'm open to anything.

 

[Ladynred]

Well, the unpaid judgment itself accrues interest, but its only something like 10%/yr. They are probably tacking on MORE court costs and attorney's fees, but I would most certainly ask, IN WRITING, for a complete accounting of just what it is they're nailing you for. You definitely need to know what they did with your 10 months of payments and that they've been credited against your debt.

The debt may have been pre-marital, but you live in a community property state, and you have a joint checking. They will go after anything with YOUR name on it. You may or may not be able to get some of the funds released if you can show what part of the funds were your wife's and that this is NOT a 'community' debt, ie. she's NOT liable for your premarital debts.

You have the right to demand validation on a judgment, just as you would with any debt. Where a judmgent is involved, they must provide you with a copy of that judgment. You should have just called the courthouse and gotten a copy of the case file a long time ago, there is no need to wait on the judgment creditors lawyers to produce it.

 

[MrShake]

I think my bigest concernt at the moment is the frozen bank account. I don't know much about how it works. Acording to the bank, they only have a right to the money that was in the account at the time of the order, but I'm worried that our direct deposited paychecks next week will also be affected.

 

[Ladynred]

They may only be entitled to the funds that were in the bank at the time the levy was served, but the account will remain frozen until there's some agreement and the creditor agrees to release the account. Once your direct deposit checks go in there, you're not going to be able to get at the funds until they release the account.

 

[JETX]

This is a credit card debt that a judgment was gained on me in january of 2004.

Okay.

I came to an agreement even before the court date for a payment of 150 a month for 4 months and then they would renegotiate a 14 month payoff.
Then bad things started to happen.

Not relevant.

At the court date, the lawyer who showed up was unorganised and was unable to get me a copy of the judgement papers within a reasonable time, I had to return to work, so he said he would mail me a copy. We are now over 1 year later and I have yet to recieve it, and I have asked for it more than once sense.

HUH??? Why would their attorney have to provide you with a copy of anything?? You can get a copy from the court.

I was also promised in writing to recieve monthly statments with the current balance and payment to be made. I have never recieved one.

Not relevant. You should simply have made the agreed payment (keep a copy) and continue until paid in full.

I offered to setup checks over the phone for the entire payment arangement, they refused and I was forced to call in every month to make payment.

Not relevant.

Over a 12 month period, I did make 10 payments, and called each time I forgot (again, never a pice of mail outside of deliquency notices that came 45-60 days after payment was due) to make arangements.

HUH?? Why were you late at all?? The first late payment should have triggered an aggressive pursuit by the creditor.

I requested balance statements and a copy of my judgement every time.

Why can't you keep your own records??

As well... it took them 19+ days every month to cash my check over the phone.

Not relevant.

The original debt at the time of judgement was about 4000 dollars.
Now, in january (I had missed payment in dec) I called again to makeup for the forgoten payment and make januarys payment and was told I could not make any payment due to "furter action" I asked what the action was, and was told that the lady couldn't tell me and that she would have my "account manager" call me. A month and a half has gone by since that conversation and no call from them.
Today, I was confronted with a denied debit card and when questioning the bank, my wife and I's joint account has been frozen.

Good for them!! Maybe this will get your attention and help you to realize that your promise to pay is just that... an obligation to pay a valid debt!!
Your continued failure to abide by your agreement and apparent 'excuses' as provided by your post here.... shows you are not serious about resolving this matter.

I'm inclined to think that I have been the victim of unfair practices, but I am unsure of how best to pursue it.

And I'm inclined to think that you have a serious problem recognizing your obligation to pay this judgment.

 

[MrShake]

Wow, that was a big help jetx!
I've now mended my ways due to your great help!



Now, lets see if we can't realisticly help me best deal with this sutiation.
Let me get this straight, I want to make sure I understand the bank levy situation. Here is what the bank tells us:

They got the levy paper, so they moved all avaliable funds into the savings account associated with the checking. They said that the only funds that are frozen are the ones that were in the account at the time they recieved the papers.

I want to make sure that our next checks are going to be avaliable to pay our other bills between now and the court date where I can make other arangements to get this bill paid off.

If you have any experiance with this, please let me know.

 

[ablessin]

when my checking account was frozen, I cancelled my direct depost RIGHT AWAY!!!
Then, I cashed my paycheck at the bank in which the check is FROM.

Then proceed from there,...........but at least you'll have money! You won't have access to your regular bank account until you come up with an agreement with the creditor's collection agency and they will let the bank know it's ok to release your $ - probably AFTER they take what they can from you. In my case, they took 80% of the account balance.

 

[MrShake]

Thanks for the reply!! Both my wife and I have cancled the direct deposits, just as you sugest. Next ist to get this resolved.
I've read somewhere about a Wildcard Exemption for an account under 2000 dollars in illinios, and I've read that I can claim that exemption before the court date to have the accounts unfrozen.
Outside of convincing the collection firm (who is unwilling to budge) is there any way to stop the court date or handle this before the date?
I can't pay the full balance due now, but am willing to make payments again assuming they fit in my budget.
Any sugestions on handling this?

 

[hanjenden]

rude, rude, rude!!!!

AK Why doe JETX insist on being such an a**? I thought this was an advice forum. I'm sure people do not ask questions on here expecting to be insulted with such rude remarks.

 

[JETX]

AK Why doe JETX insist on being such an a**? I thought this was an advice forum. I'm sure people do not ask questions on here expecting to be insulted with such rude remarks.

Why does 'handjob' feel so outraged that he has to try to hijack someone elses thread by offering NOTHING of benefit to the OP??

 

[hanjenden]

Bite Me

I was not hijacking the post. I made a statement questioning your lack of consideration for others. You do not offer help, you offer abuse. I made a comment, knowing you would reply, just to see what kind of abuse you would offer me.

"Handjob", not really an insult, and something at which I'm sure you actually are an expert. Oh, by the way, I'm a woman.

To the OP, if the judgement only has your name on it, open a new account in your spouses name only.

 

[ablessin]

Man - you people are brutal.!

Anyway - I don't know what a wildcard exemption is - I live in NY.
I was told that once an account goes that far (to court) there is little that can be done to make the court appearance not happen.... ie : pay it in full first. I doubt the agency will work any payment arrangement with you - in thier eyes, you should have tried that long before things came to this point.
I have been there - and that is pretty much what I was told - "you should have thought of that six months ago".
They are tough, and I feel what you're going thru.
I agree with the suggestion about opening the account in just your wife name provided she's not on the collection - BUT in doing that you won't have access to the money without her presence - IE - you can't make withdraws - and sometimes they won't even let you make a deposit either if your name isn't on the account.

Good luck

 

[JETX]

I was not hijacking the post.

Someone making an off-topic post into the middle of someone elses thread IS hijacking, no matter how you try to lie or weasel your way out of it.

I made a statement questioning your lack of consideration for others. You do not offer help, you offer abuse.

Tell you what, sport. Do a search of my posts where people have thanked me for my responses and compare it to the number of posts where they have thanked you. Even based on a percentage of overall posts, I have you beat by say.... 100%. Pretty easy since you have provided NO posts of benefit to anyone.... and have ZERO "thank you's".

"Handjob", not really an insult, and something at which I'm sure you actually are an expert. Oh, by the way, I'm a woman.

You may be a female, but that does not mean you are a woman. And women can have, and do, 'handjobs' also.

 

[Ladynred]

I agree with the suggestion about opening the account in just your wife name provided she's not on the collection - BUT in doing that you won't have access to the money without her presence - IE - you can't make withdraws - and sometimes they won't even let you make a deposit either if your name isn't on the account.

Actually, that's not necessarily true. Ask your bank, there may be a way to authorize deposits and withdrawls WITHOUT actually having the other person's name ON the account.