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Found 5 results

  1. I had two legal order fees showing for small amounts taken out of my checking. I called the bank and the local Sheriff and was told it was Midland Funding. They have a judgement against me from a few years and to note- I never received a notice of Levy as of today - so far nothing. The judgement is about 3K. The Sheriff's office said I can file a CLAIM OF EXEMPTION HERE IN CALIFORNIA - I was directed to file it with my local courthouse. I have 15 days to file from the date of levy. The lady said they have 10 days to oppose. If they answer and oppose, a hearing date will be set. Question is- Should I do this and take the chance they wont be able to come up with proper docs or whatever at the hearing? Do I have a right to supoena a witness? What are my chances? Should I call them to make a settlement after I file my exemption? Help !!
  2. A judge granted me a money judgment this past year. The case resided in SD and the person that the judgment is against lives in IL. I'd like to place a levy on all bank accounts including the ones she has with Bank of America, as she has the money, but refuses to pay. How do I start such a levy of her bank accounts? I spoke to BoA. They provided me with the info how to serve them, but I would like to know which documents they need beside the judgment. Am I able to start wage garnishments or place a lien on her house without using a collection agency? Thank you!
  3. Hello, everyone. I'm new here. For the past couple of days, I've been searching Google and this forum, but still can't find the answer to my questions. Please forgive me if they're somewhere I haven't discovered yet. I live in Oklahoma, and Capital One hired Love, Beal & Nixon (Oklahoma City) to sue me over an unpaid credit card debt. They have obtained a Summary Judgement and now have sent me a letter requesting that I call them to make settlement arrangements before they enforce the judgement. Unfortunately, I'm in a pretty bad financial situation, so I don't have any money to spare for payments (can barely pay rent and buy food). I assume that enforcing the judgement means garnishing wages and attaching/freezing my bank account. Since I'm not working, that leaves the bank account. My questions are: Do they need to obtain a separate court order to freeze my bank account? If yes, Do they have to go through the same court/judge, or they get such order from somewhere else? I'm asking because, if they need to get a separate order, I'd like to keep an eye on the Oklahoma courts website (OSCN), so I would get advance warning that a bank account levy is coming. Thank you in advance for any info.
  4. On 12/02/2014 a Writ of Garnishment was placed on my Wells Fargo account. I live in Wisconsin and the Writ was served at a Wells Fargo branch in Austin TX. There was an Judgement in which I was never served nor I had knowlegde of. I filed Chapter 7 on Dec 19, 2014 and I faxed, emailed, phoned and mailed Wells Fargo Legal Department a copy of the Notice of Chapter 7 filing. The Writ was for $2,900. Wells Fargo had taken out $5,700 in which my account was zero out. I was told they sent the money to Wells Fargo Attorneys. Wells Fargo had kept garnishing my account after knowing I filed Chapter 7. I had child support deposted into my account in which Wells Fargo had garnished as well of a bank fees that brought my account negitive. After filling complaints with Consumers Protection and BBB, they sent me a letter stated they released the child support deposits on Jan. 6, 2015 and will not hold any other funds in my account . I filed a motion to vacate the Garnishment in Texas but the judge did not rule only set a hearing on 8-2015 for "Notice of Intention to Dismiss For Want of Prosecution" I was living in Wisconsin when the lawsuit was filed but the judge said a notice was place on the door of my last known address in which my daughter resides and judge said she could have told me about it. What are my options ? I would like Wells Fargo release my funds or any suggestions would help.
  5. I was just wondering if any self employed people on here has ever heard of becoming an limited liability corporation to keep the creditors from garnishing your bank accounts? I was doing a search on here and couldn't find any threads on it. I've been reading about it all day, and it looks like a good option, but just wanted to get some other opinions. I have over $25,000 in debt over 4 credit cards. And 1 of them is about to sue me. So, was just looking at my options on what to do to protect my business accounts.