ADR_NJ_080

Sent collection agency my bank acct info! How bad is this?

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Here's a quick summary of my case for those who haven't read up on it. Had $3K credit card debt with chase that was sold to midland funding in late 2011. Was sued by Midland through pressler and pressler in NJ in early 2012. Went through the whole debt validation and interrogatories. The only problem was, pressler file a motion to compel me to answer the interrogatories with giving away bank acct info and a few other private questions. The judge complied with the motion and sent a order to respond. I did not object and then pressler and pressler filed a motion to strike my answers to the interrogatories. The judge complied.

So that's where I was yesterday. I had no choice but to 1.) file a motion to vacate their motion to strike my answers and then 2.) to file fully responsive answers, which I did. I gave away all my addresses and my bank acct info. Assuming the judge complies with my motion to reopen the case and allow my answers to be accepted, what's next?

I am very worried about them freezing my bank acct but at the same time, they don't have the original chase credit card contract and a bunch of other paperwork from my request for production in documents that I sent. So in the meantime I'm going to try to file a motion to compel them to answer my production of documents fully. If no response, I will then file a motion to dismiss the case. But seriously, I'm totally worried about the damage I did giving away my bank acct info. Should I be?

adr

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Well no worries with the issue of getting money out of my current acct. I currently have about $0.72 in my bank. That's about the balance I keep 24/7. I don't use my bank account unless I'm paying a bill. For example when my student loan bill is due I deposit $80 into my checking and then pay the bill. Otherwise I never use it.

My worry is that I'll go to deposit money to pay a bill and THEN the money will be frozen. But, you're right, opening a new bank acct will indeed solve the problem.

I think maybe the reason they want my bank acct info is that they're looking for proof that I made payments to chase in 2011 in my bank statements. Could they not use this as evidence in court that I owned the account? Well the good thing is that I never paid any chase credit cards with this bank account, I used a different one. So, as long as they don't get a judgement against me without my knowledge, I'm hoping they gain nothing by having that info. I just hope I convince the judge to reopen the case.

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I think maybe the reason they want my bank acct info is that they're looking for proof that I made payments to chase in 2011 in my bank statements.

That and just to generally harrass you. They used a legit request that they knew would also tick you off and make you worry, it worked. I'm sure they hoped it would rush you to settle. That did not work.

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I still would not deposit more than $20.00 to keep the account alive so that you can show the court, yep, this is my account.

Now, open an account in a small bank as far as you can from your home and still have access to it whenever you need. Then, pay all bills from that and, never, never give out any banking info to a JDB. Use the old one if the court asks again.

They like to send out papers to all the major and other banks that are close to you to try and track down any other accounts you may have.

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If it were me, I would keep about $20 in that account and open a new one at a different bank.

This is seen on here a lot, but in all actuality if you are under a direct order from a judge to give up your bank info and you open a new account and start using it you can be found guilty of absconding.

Absconding

To go in a clandestine manner out of the jurisdiction of the courts, or to lie concealed, in order to avoid their process. To hide, conceal, or absent oneself clandestinely, with the intent to avoid legal process. To postpone limitations. To flee from arresting or prosecuting officers of the state.

Their are other ways to stop a bank levy or from them taking everything you have. Most banks will not let a levy take every single dime you have. Most courts that order a levy also include just how much they can levy. It is unlawful for a collector to take every single dollar you have and leave you unable to support your self and your family. A collector that takes every single dime can be found guilty of criminal conversion. That's why courts usually do an asset sheet, so they can determine just how much the collector can take from you with a levy(also known as a garnishment)

The crime of criminal conversion is committed when one person unlawfully exerts unauthorized use or control over another's property. It differs from theft in that it does not include the element of intentionally depriving a person of their property.

They can also be held for trespass.

Trespas: An unlawful intrusion that interferes with one's person or property.

Edited by BTO429
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Well how could they prove I purposefully opened a new bank Acct to evade them? I've honestly been meaning to open a new bank

Acct for a while so they'd have to find a way to prove my actions were meant to evade the courts, which seems like it'd be tough. But your point is a good one nontheless and I was not aware of that.

To be honest, I think these stories where suddenly have their bank Accts frozen are from people not paying attention to mail from courts and plaintiffs. Am I wrong? Do collection agencies really unlawfully freeze bank accounts without defendants notice? That seems risky. So I'm assuming as long as I pay attention to mail, I'll know in advance if something happens like a levy on my account.

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The court will look at how close to, or during the suit that the new account was opened.

I am not telling you not to do it, I am just letting you know that if for some reason they find you opened another account and they want to be asses about it they can.

It would not be hard to determine that you opened a new account just by looking at the account balance. All of a sudden there is no cash in an account that was being used for a lengthy period, they will drag yer butt back into court on a motion to show cause as to why you should not be found in contempt, or of absconding.

First of all the courts will not allow them to just clean out your account and take everything you have. That is why, after a judgement is entered, they next have you appear and answer to assets, wages and other property.

The court will determine what they can take on a weekly or monthly basis. They can not deprive a person of their right to survive, as in being able to pay your bills, and feed your family.

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They can't do anything until they win. Don't panic.

In addition if they win, they may file another motion or hearing to get all the info from you on bank accounts, etc. Not answering is contempt of court.

I would focus on the law suit for the time being.

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Well how could they prove I purposefully opened a new bank Acct to evade them?

Without a ton of resources being used they can't. You're over thinking this. It's also against the law to tear that tag off your bed mattress or use an unapproved gas canister to pump your gas for a lawn mower.

The absconding is more for running from you personally being caught. It's not even worth debating because of the likely hood of it happening is so slim, but I don't even think it applies to a bank account. You can't abscond a bank account.

A court can restrict your right to do business. They can't restrict interstate and intrastate commerce. You would need to be under a crystal clear direct order from the court before anything would happen to you. If the court was really worried they would/could freeze assets and property pending the outcome of the trial.

Just open your new account, nothing is going to happen. You can't trespass on or with your own property. At this time the bank account is yours to do with what you please. You have not lost and you can't be held in contempt for conducting business with your own money and property, it's yours.

Also remember the times we are in. It's not like a lot of people are socking away money in bank accounts for it to just sit around and be taken.

However, the biggest thing is what ADMIN said. You have to lose before any of this becomes relevant.

Edited by Coltfan1972
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Well how could they prove I purposefully opened a new bank Acct to evade them? I've honestly been meaning to open a new bank

Acct for a while so they'd have to find a way to prove my actions were meant to evade the courts, which seems like it'd be tough. But your point is a good one nontheless and I was not aware of that.

To be honest, I think these stories where suddenly have their bank Accts frozen are from people not paying attention to mail from courts and plaintiffs. Am I wrong? Do collection agencies really unlawfully freeze bank accounts without defendants notice? That seems risky. So I'm assuming as long as I pay attention to mail, I'll know in advance if something happens like a levy on my account.

They would not have to prove it, if they bring up the issue you will have to prove it was not your intention to abscond.

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Without a ton of resources being used they can't. You're over thinking this. It's also against the law to tear that tag off your bed mattress or use an unapproved gas canister to pump your gas for a lawn mower.

The absconding is more for running from you personally being caught. It's not even worth debating because of the likely hood of it happening is so slim, but I don't even think it applies to a bank account. You can't abscond a bank account.

A court can restrict your right to do business. They can't restrict interstate and intrastate commerce. You would need to be under a crystal clear direct order from the court before anything would happen to you. If the court was really worried they would/could freeze assets and property pending the outcome of the trial.

Just open your new account, nothing is going to happen. You can't trespass on or with your own property. At this time the bank account is yours to do with what you please. You have not lost and you can't be held in contempt for conducting business with your own money and property, it's yours.

Also remember the times we are in. It's not like a lot of people are socking away money in bank accounts for it to just sit around and be taken.

However, the biggest thing is what ADMIN said. You have to lose before any of this becomes relevant.

Sorry about the trespass issue. I was working on another post, I took a smoke break and when I came back I thought I was still on that post. So iggy that part.

They can not exercise a levy until the judge so orders it. Even with that they will do an asset screen and the judge will discuss it with you and only order what he thinks you can afford. They can not take every thing you own.

I am working on case right now with the prosecutor where the ca took every dime before the judge made his final order to what amount they could garnish. He is filing a trepass, and criminal conversion charge.

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in case you are wondering about the trespass. there are three types of trespass.

Trespass to the person, as in assualt

Trespass to land,,we know what that is

Trespass to chattels,

Trespass to chattels, also known as trespass to goods or trespass to personal property, is defined as "an intentional interference with the possession of personal property...proximately causing injury"

While originally a remedy for the asportation of personal property, the tort grew to incorporate any interference with the personal property of another. in most jurisdictions, trespass to chattel remains a purely common law remedy, the scope of which varies by jurisdiction.

Generally, trespass to chattels possesses three elements:

Lack of consent. The interference with the property must be non-consensual.

Actual harm. The interference with the property must result in actual harm.The threshold for actual harm varies by jurisdiction.

Intentionality. The interference must be intentional. What constitutes intention varies by jurisdiction, however, the Restatement (Second) of Torts indicates that "intention is present when an act is done for the purpose of using or otherwise intermeddling with a chattel or with knowledge that such an intermeddling will, to a substantial certainty, result from the act." "It is not necessary that the actor should know or have reason to know that such intermeddling is a violation of the possessory rights of another".[

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Well anyway, thanks for all the confidence building, I don't feel so worried anymore. It's just that you read so many places people saying to never give CA's your bank acct info.

Oh and btw, I haven't used the bank on any regular basis. Been using my walmart money card for about 2 years now. I save a lot of money that might otherwise be spent on absurd fees and crazy ways of processing transactions to maximize overdrafts. But with my wells fargo account, they have zero evidence of any continuous usage of my account, because of the fact that I rarely use it. Banks are just as scummy as CA's in their methods of gathering money from people.

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I am working on case right now with the prosecutor where the ca took every dime before the judge made his final order to what amount they could garnish. He is filing a trepass, and criminal conversion charge.

I hope you are pushing for a year in jail for each and every person involved, including attorneys even if they merely knew it could happen, and every supervisor above all those involved up through all C-level executives.

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Its small ca here locally, but they do a lot of business. Husband and wife operation with an attorney.

I brought to the prosecutors attention I am not actually going to prosecute the case. But I would love to have a go at it.

They have been getting buy with a lot of illegal tactics over the years. Can't go into detail.

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Can you say Money orders? you can get them at any local corner store. I paid all my bills this way for many years. I also pay things this way in some instances when I do not want any of my bank info out there. Edit keep the $20 or so in there so it is still active and just start using the money orders sometimes you can get a money order for only a quarter.

Edited by Beergoggles
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