Jump to content

OMG! They went into my bank account this weekend w/o notice!


lynfaber
 Share

Recommended Posts

Any lawyers out there? I have some bill collectors after me, and this weekend $400 (that wasn't even in there) was taken out of my checking account by one of them. I never got any notice of this - I would have taken care of it if it had gotten this far. I have no friggin wages even right now, am on unemployment, and share my account with my fiance. They somehow got in there and took out the money without notice and without his permission obviously. Is this even legal? What do I do? I'm about to go and pull every single penny out of my bank accounts!

Link to comment
Share on other sites

First, find out who grabbed the money. Then, go to the courts and find out if you have any judgments against you from anyone. If so, then see if the judgment matches with the garnisher. If there's no judgment, it was illegal and that's a court case. If there was, you can't do anything about that.

Link to comment
Share on other sites

IF the account that held the money was with the same institution that you owed money too, then it is legal for them to take it out of your account. There are clauses in the paperwork that okay them to yank funds to pay the defaulted loan.

However, if this is not the case, then someone screwed up. I'd first visit your bank, get all the details as to who, when, how much, etc., and file a dispute with them. Then I would deal with the perpetrator.

Link to comment
Share on other sites

jq - it was definitely not with anybody associated with my bank account. Probably some $300 credit card from 6 years ago when I was 18 that I got in over my head with and now owe somebody $2000 for it.

What courts do I even call? Wouldn't I need to be served something or have a notice of this judgment?

Link to comment
Share on other sites

Okay update: Just found out this is not my debt, it's my fiance's (yeah, we're real winners). Anyways it's from a credit card from awhile back, and I just digged out our last letter from them and all it says is "Asshole Lawyer & Asshole Lawyer" now represent your case. Well AA Lawyers took the money out of our joint account with no court date or anything, just that letter.

I should also note that I am the head of the account, and that I added him to it about a year ago. So, same thing - how can they take my money? Should I call them, or have my fiance or what? I don't know what to do. Again, no notice of any judgment, and if there is some judgment, how come he doesn't have a wage garnishment instead of them being able to go into our account??

Link to comment
Share on other sites

I'd like to help you more, but I am defering this to some of the long-time legal eagles. I suspect what they did was a major No-No. To my knowledge, the first thing I'd do is go ahead and verify that there is no judgment against you or fiance. The second this is make sure your fiance did not let these creeps have him agree to take $ from the account. AA has been sanctioned before, and I would think that they'd be on the up and up about this thing, but maybe I am giving them way too much credit. If #1 & #2 are answeered with a NO, then I'd go to the bank and see if you can claim fraud and file a report. Explain that you have someone who pilled funds from your account that you never authorized in any way.

I know it is easy for me to say, but you have to keep your head about this type of thing. So take a deep breath. Look at it this way, these idiots may just shot themselves in the foot and gave you & your fiance all the leverage you need to have the debt negated. So maybe they take $400, and in doing so, they saved you $1600. You're far from that point, but its possible. Now hopefully someone with first hand knowledge will post...

Link to comment
Share on other sites

IF the account that held the money was with the same institution that you owed money too, then it is legal for them to take it out of your account. There are clauses in the paperwork that okay them to yank funds to pay the defaulted loan.

However, if this is not the case, then someone screwed up. I'd first visit your bank, get all the details as to who, when, how much, etc., and file a dispute with them. Then I would deal with the perpetrator.

That could be it...didn't think of the WaMu-Providian connection.

Link to comment
Share on other sites

Nope, our bank is National City. And I just called them and they said in order for them to take wages out they need a judgment. They said we should have been notified and there had to have been a court date. He was never notified. The bank wrote a request to show me a copy of the judgment, so I am figuring there is one . . . can they get one without notifying him? I guess that is where the question lies. Because it sounds like we're screwed if so. Very nice thing to do a week before Christmas, and when there wasn't even $400 in the bank, nice.

The total about owed was $770, and they took out $365 and then $50 for a lawyer fee. So I know this is coming again too.

Link to comment
Share on other sites

I suspect that there is a judgment then. I'd get the raw deal from fiance. Maybe he can recall something more. Those SOBs probably did their best to have a no-show default judgment (by making a half-hearted attempt to find your fiance). Funny, they found his account...

Anyway, the courthouse may have the answer you're looking for.

Good luck.

Link to comment
Share on other sites

Since you live in a state that a judgment is needed, if that was not properly done then you can file to have the judgement vacated. From what you said, there was no proper service if he was not notified. Call the local court where you live and see if they have any judgements filed against him. If so, I would go down there and copy everything in the file. You have to look for the affidavit of service (I think that is what its called) to see how the plaintiff said that they served you.

Did you by any chance move recently. If so, I would also check the courts where you used to live. Because most likely a sewer service could have been done. Meaning that they served you where you did not live to get the default judgement. That's illegal. They have to serve you in the county in which you live.

The whole process of vacating a judgement is a pain to do but it can be done. IMHO in the mean time, I would close the account that was grabbed and get separate accounts in different banks.

Link to comment
Share on other sites

Nope, our bank is National City. And I just called them and they said in order for them to take wages out they need a judgment. They said we should have been notified and there had to have been a court date. He was never notified. The bank wrote a request to show me a copy of the judgment, so I am figuring there is one . . . can they get one without notifying him? I guess that is where the question lies. Because it sounds like we're screwed if so. Very nice thing to do a week before Christmas, and when there wasn't even $400 in the bank, nice.

The total about owed was $770, and they took out $365 and then $50 for a lawyer fee. So I know this is coming again too.

Time to practice defensive finances. Change banks NOW. Leave NO money in the Nat City account, leave it in the hole if you have to because you'll have to make it good in order to close it. Do it NOW before Nat City submits your account info to Chex Systems.

Link to comment
Share on other sites

Well, that depends on your intentions. I'd bring the account to 0, then close it if I had the means to do so. No sense in trading one debt for another, unless BK is likely. Then open another account somewhere else till you get the judgment situation straightened out.

Link to comment
Share on other sites

Okay, so it sounds like I will have to vacate a judgment then because we were not legally served. His legal address isn't even where we live, it's at his moms house - and neither was served. They sent the letter informing us they had the account to our apartment though - not his legal address.

National City is actually being very helpful. They said I could come remove him from the account. I've had this account for 7 years, and I really don't want to close it. If I get him off, will I be safe?

By the way - thanks so much for all your advice. You don't know how much it is appreciated.

Link to comment
Share on other sites

National City is actually being very helpful. They said I could come remove him from the account. I've had this account for 7 years, and I really don't want to close it. If I get him off, will I be safe?

Not really. The lawyer has the ABA number and account number. That's all they need.

Link to comment
Share on other sites

well, Cheksystems basically reports overdraft checks and closed accounts that were negative. Not a big deal really. But if you let your account stay negative and then have it closed by the bank for insufficient funds, then you may get reported and the next bank may not want you as a customer. The reason you don't want to leave your bank negative is because you may then have a CA try to collect later on for the balance you owe the bank, and my bet is that you are trying to clean up these things (that is why you are on ths site).

My suggestion is to close the account. As Grim said, they have your routing and account #, and even if they pull the funds after you remove the fiance from the account, it may take 6 months of hassle and a lawyer t try to get back the next $365- and you'll probably just not pursue it. So, it may be better to just close it and avoid the hassle altogether.

Just my two cents. And of course, your fiance owes you big time for your troubles.

Link to comment
Share on other sites

Well, my bank account is no longer negative, I mean I just hadn't put a couple of checks in there until Saturday because we were fine - had $300, but then they took out $400 - so it caused it to be overdrawn by $100. I then put another $700 in there so it's fine now, the checks just haven't gone through yet.

I'm going to go to my bank today and try and figure this one out. We really don't have a problem paying the money either, since it is owed. But I would rather do a pay for deletion, and rather NOT have $400 taken out a week before Christmas - there goes my car payment this month.

I just think that what happened is illegal and now I want to get the jerk lawyers back. I guess I have to go about a vacate of judgment then? How do I even start doing something like that?

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.