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Freeze on Bank Account!!!!Pissed


abennett
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I have a question. My fiance made a payment agreement with Portfolio Recovery in court. He has been making payments for the past year and fell behind 1 month. Now they have a freeze on his bank account can they do that. The told him some mess about garnishing his accounts. What the (bleep). Help me out, cause I am pissed!!!!!!!!!

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If he is truely unaware that Portfolio sued him, then you stand a pretty good chance of getting this fixed (although it will not be a quick-fix). First you need a copy of the judgment. If you send a letter to Portfolio for a copy fo the judgment they must provide it to you by law (FDCPA). Further as soon as you dispute it this way, they must update his credit report to indicate the dispute.

Once you get a copy of the judgment, call the court where it was entered. Get a copy of the service paperwork. If they sent it to a bad address on purpose (which is what the other person called "sewer service") you can file a motion with the court to have the judgment vacated on the basis of improper service. You have a constitutional right to appear in court to answer the complaint they filed and if they deliberately sent it to the wrong address in order to get a default judgment, they have deprived you of that right. In addition to vacating the judgment (which releases the freeze ont he account), they also will have a FDCPA violation on them that they cannot possibly make an excuse for. Cha-ching for $1000+punitives (loss of access to property)+court costs+lawyer fees.

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Guest chyna1057

Not sure what state you're in but in NJ, you just have to object to it within the time given(usually 10days from reciept of the letter) and claim your personal property expemtion which is up to $1000. Anything above that, I believe that are entitled to because of the judgment.

In my case, it worked for me, because the amount they froze in my account was $1125. Took sometime, but I got $1000 returned to me.

like tryingtodigout says, check the courts in your area and/or consult with a lawyer. Most have fre consults.

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