dbranch3 Posted December 2, 2004 Report Share Posted December 2, 2004 I dont understand how they could do this i have never recieved anything from these guys i just sent them a settlement letter to try and clear up credit never heard from them, but today went to use debit card and insufficient funds tripple a collectors had 1122.33 garnished on 5 different accounts from my bank account. how could they do this and is it legal.That was my christmas money, really confused Link to comment Share on other sites More sharing options...
wunderwoman Posted December 2, 2004 Report Share Posted December 2, 2004 They must have a judgment against you? Call your bank and ask them what is required for them to do this and to give you the information that you need to get in contact with the agency.Do you have any friends that are lawyers? I'd probably have one of them to call to figure something out.This did happen to me once, but they had a judgment, and once I met with them and agreed to a payment plan, it was lifted.Make sure to keep a detailed phone log, get the person's name when you call the bank and note the date and time and conversation. If they have done anything illegal, this will weigh in your defense. Link to comment Share on other sites More sharing options...
LadynRed Posted December 2, 2004 Report Share Posted December 2, 2004 They definitely can NOT levy your accounts and freeze them WITHOUT a judgment FIRST. You need to call your local courthouse ASAP and find out what's been filed. Get a copy of the case file with the proof of service. If the service was flawed, you might be able to get the judgment vacated. At the very least you can file an appeal and get your day in court ! Link to comment Share on other sites More sharing options...
dbranch3 Posted December 3, 2004 Author Report Share Posted December 3, 2004 well i foud out from the court that there was a judgement on 05/02/03 against me but never heard about it and it definitely not on my credit report, i am trying to see if sol is legally 3 years for nsf checks, hard time understanding state laws if it is three years then i have them where i want them, because suit was filed 4 yrs after dola. at least that is how i see it. has anyone used sol in the courts to dispute on insufficient funds in Colorado? Link to comment Share on other sites More sharing options...
wunderwoman Posted December 3, 2004 Report Share Posted December 3, 2004 They had a judgment a year ago and didn't notify you? How much was the judgment for? I would definitely see what I can do about it. Link to comment Share on other sites More sharing options...
dbranch3 Posted December 3, 2004 Author Report Share Posted December 3, 2004 Well the amount they took was $1200.00,I think what they did was left it off my credit report waiting on the statue of limitations on filing a motion to vacate was up, then i have no legal leg to stand on that i can find so far!going to clerk of court today to get copy of judgement, it is sad how sneaky some of these collectors are and how they use the laws to protect us, in there favor.D Link to comment Share on other sites More sharing options...
Recovering Attorney Posted December 3, 2004 Report Share Posted December 3, 2004 You need to get a hold of the file and contact the plaintiff's lawyers. By law, the bank witholds up to three times the amount. Chances are, if they slapped a restraining order on your account, the sherriff won't be far behind. And once it is in his hands, it's hard to negotiate anything ( since the sheriff gets paid for what he collects). You will want to see tre original court file and what the affidavit of service says. Also, you need to find out if there is a limitation in CO for moving to vacate default judgments. In NYS, it is only year. My opinion is an NSF check would be treated under the contract SOL, whatever that is in CO. Link to comment Share on other sites More sharing options...
wert Posted December 6, 2004 Report Share Posted December 6, 2004 Check your court file. See who signed for the papers that were supposed to have been served to you. If they are ficticious or signed by someone you don't know, of if the address is wrong-you might have a case to have the judgment thrown out or vacated.I did that exact thing once. Link to comment Share on other sites More sharing options...
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