wantoutofdept Posted November 27, 2006 Report Share Posted November 27, 2006 my question is; when can you be sure they cant sue you and try and collect via a bank account you have money in? or can they ever find a bank or credit union you have money in and seize the funds?thanks for any info you can give. Link to comment Share on other sites More sharing options...
Lisa0825 Posted November 27, 2006 Report Share Posted November 27, 2006 If you haven't already, be sure to read the stickies in the Credit repair forum.http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=173One of the stickies contained the following link for a summary of the laws of all states:http://www.carreonandassociates.com/articles/collectionlaws.htm#CaliforniaIt shows the statute of limitations (SOL) on different types of contracts and judgements.Do you have a judgement already? I think there has to be a judgement in order for them to sieze any accounts, but I am no expert here.If you do not have a judgement, then the answer to "how long can they sue" lies in the SOL for the type of contracts they are. Someone more familiar with California may be able to help more. But it shows 4 years for a written contract, for example. Once it is out of the SOL, they can still technically sue (I think), but your defense is that it is past the SOL.I think you would also get more help on this in the credit repair forum, since this question doesn't seem to be about settling a debt. (link above)Good luck! Link to comment Share on other sites More sharing options...
wantoutofdept Posted November 28, 2006 Author Report Share Posted November 28, 2006 Thanks for the response, first off yes i did check the SOL. As you said they can still sue! So knowing that you have 4 years doesn't help much. Maybe I just asked the wrong question..lol sorry about that.I don't have a judgement, at least not now. I just checked my credit report.I really dont care if I repair my credit or not, hence the post in this forum.What I really wanted to know is if I had a bank account with funds in it, while I still owed money to a credit card, can they find it and seize it?If so how can they find it? and how much can they take?I was thinking that they needed a judgement first? In order to get that they needed to sue me. Now sence they can't serve me, or notify of said suit, they would get a judgement without me knowing about it. Therefor i wouldn't be able to present the SOL as a defense. So can they still get the judgement after the SOL? Would they sue knowing that it was to late?Has that ever happened? Has any company sued after the SOL and won? or would the law stand on it's own.Given the fact that I can check my credit report and find out when a judgement was rendered.Is there a way they can find an account? like a data base connected to a SS? If so how quickly after a judgement can they seize funds?My goal is simple really i owe money and dont want to wake up one day and find that the money in my account was gone. I will repay in my own time when i am able.I dont mind doing the research if you can point me in the right direction.thanks for any light you can shed on this. Link to comment Share on other sites More sharing options...
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