Collection without notice.

[F_ _ _ed]

I'm on a joint account with my older parents. They informed me that yesterday 10/01/2013, their BofA account was debited 6600.00 on behalf of a law firm regarding me.

They have gotten no response from the bank with a request for more information. I thought the only way a bank could withdraw money on behalf of a CA was with a judgement.

    There have been no judgements I've been involved with since last year this time.  All 3 were settled.

 

 Any advice?

[shellieh98]

Not without more info. How did this attorney get your bank info? I would dispute it immediately with the bank company claiming fraud, unauthorized charges.

Then I would contact the law office and ask what this was regarding, and who gave permission.

Did you get any judgements against you? They would still have to take you to court for a debtor exam, or file to garnish your wages, they cannot just zap your banking account, the bank would have to notify you first.

[Torden]

The bank has to have some kind of documentation for the withdrawal.  If it was withdrawn merely by the attorney office, then dispute it as not a valid withdrawal and not authorized and demand the money be returned.  If the attorney has judgment paperwork and supplied that to the bank at least the bank can tell you that and provide you with a copy.  Go to the bank and do this in person.  If there is judgment paperwork, then you need to get information about this from the appropriate court.  Your next step would be to find out when they claim they served you for the court.  They you would try to get the judgment vacated, though that might be impossible if you cannot explain how you would win the case (such as "debt not mine").

[admin]

@F_ _ _ed - I'd pull your credit report immediately to see if there are any judgments on you.  You can also look online to see if there is anything.  California keeps all their court stuff online.  

[nascar]

I'm on a joint account with my older parents.

 

. . . as opposed to your younger parents? Sorry, couldn't resist that.

 

Seriously though, if its a joint account, you are the one who needs to be contacting the bank, not your parents. You'll get more information, much faster. I would also suggest you contact the law firm that seized your money. If you don't get the answers you're looking for, it's time to get an attorney.

[F_ _ _ed]

I believe this stems from a dispute with the IRS that was resolved in 2004.

A joint bank account held with my parents was levied 09/30/2013 for 6900.00. Total wanted is close to 10K. The information I obtained from BofA got me the case number.

There has been nothing on my credit report regarding this since 2009. Prior to that I'm unsure, I didn't follow my score closely.

I do not recall recieving a supeona regarding this matter.

Any help or advice would be greatly appreciated.

7/18/2013 MEMO OF COSTS/CREDITS PLAINTIFF 1   WRIT OF EXECUTION ISSUED. PLAINTIFF 1 LOS ANGELES COUNTY   PMT: WRITS ISSUED 70626(A)(1) EFF 07/28/09 Amount of $25.00 for TXCOLLECT/THRIFT I, L.P. (PL-1). Received from TXCOLLECT/THRIFT I, L.P, check no(s) 391359. Receipt #728657 for amount of $25.00. 7/2/2013 REJECTION/CORRECTION NOTE SENT PLAINTIFF 1 MEMO OF COSTS, WRIT-PLAINTIFFS NAME DOES NOT MATCH NAME ON CASE 1/25/2010 WRIT OF POSSESSION RETURNED UNSATISFIED PLAINTIFF 1 4/10/2006 WRIT RETURNED UNSATISFIED PLAINTIFF 1 2/9/2006 PMT: WRITS ISSUED 70626(A)(1) EFF 01/01/06 Amount of $15.00 for TXCOLLECT/THRIFT I, L.P. (PL-1). Received from LAW OFFICES OF NELSON & KENNARD. Receipt #224800 for amount of $15.00. 2/6/2006 MEMO OF COSTS/CREDITS PLAINTIFF 1   WRIT OF EXECUTION ISSUED. PLAINTIFF 1 SACRAMENTO COUNTY 10/26/2004 PMT: WRITS ISSUED GC 26828 Amount of $7.00 for TXCOLLECT/THRIFT I, L.P. (PL-1). Received from NELSON & KENNARD. Receipt #129716 for amount of $7.00. 10/18/2004 MEMO OF COSTS/CREDITS PLAINTIFF 1   WRIT OF EXECUTION ISSUED. PLAINTIFF 1 TO SACRAMENTO COUNTY 9/20/2004 ABSTRACT ISSUED PLAINTIFF 1   PMT: ABSTRACT ISSUED GC 26834 Amount of $7.00 for TXCOLLECT/THRIFT I, L.P. (PL-1). Received from NELSON & KENNARD. Receipt #122570 for amount of $7.00. 8/26/2004 JUDGMENT BY DEFAULT BY CLERK PLAINTIFF 1 JUDGMENT FOR: PLAINTIFF
JUDGMENT AGAINST: DEFENDANT
DAMAGES $ 3,932.97
ATTORNEY FEES $ 736.59
COSTS $ 190.30
INTERESTS $ 367.43
TOTAL $ 5227.29
RECORDED: 8/26/04
DOCUMENT NO: VOLUME XXXII
PAGE(S): 115   NOTICE OF ENTRY OF JUDGMENT New Notice 8/19/2004 REQUEST FOR ENTRY OF DEFAULT & CLERKS JUDGMENT PLAINTIFF 1   DEFAULT ENTERED AS REQUESTED ON PLAINTIFF 1 DATE: 8/19/04
PARTY:   REQUEST FOR DISMISSAL (PARTIAL) PLAINTIFF 1 WITHOUT PREJUDICE, AS TO DOES 1-10 ONLY   ORIGINAL SUMMONS RETURNED PLAINTIFF 1   DECLARATION PLAINTIFF 1 DECLARATION IN SUPPORT OF REQUEST FOR JUDGMENT BY DEFAULT BY CLERK RE: 1. UNAVAILABILITY OF ORIGINAL INSTRUMENT;
2. COMPUTATION OF INTEREST;
3. NOTICE PURSUANT TO C.C.P. 1033 ( (2), AND;
4. ATTORNEY'S FEES PURSUANT TO C.C. 1717 6/11/2004 PROOF OF SERVICE PLAINTIFF 1 PROOF OF PERSONAL SERVICE AS TO my name ON 04/27/04 FOR FEE OF $45.00. 4/23/2004 Case Event New case created by deputy: 116   COMPLAINT PLAINTIFF 1   SUMMONS ISSUED PLAINTIFF 1   NOTICE OF CASE MANAGEMENT CONFERENCE New Notice   PMT: LTD CIVIL COMPLAINT <$10,000 EFF 01/01/04 Amount of $145.30 for TXCOLLECT/THRIFT I, L.P. (PL-1). Received from NELSON & KENNARD. Receipt #92413 for amount of $145.30.

 

 I did check my credit score there has been nothing listed with Kennard for a number of years. In particular no judgements

[Torden]

You say it was resolved.  How was it resolved, and on what date?

[debtzapper]

I would take Nascar's advice an seek legal counsel,  www.krohnandmoss.com or

www.attorneysforconsumers.com or www.lemberglaw.com

 

 

These are national law firms.  I am sure the first two have lawyers licensed in CA.

[admin]

8/26/2004 JUDGMENT BY DEFAULT BY CLERK PLAINTIFF 1 JUDGMENT FOR: PLAINTIFF

JUDGMENT AGAINST: DEFENDANT

This is an old judgment, one that won't appear on your credit report.  However, judgments are good for 10 years. so that's why they deducted now.  I disagree that they need to give you notice.  

[F_ _ _ed]

I was wrong. It wasn't the IRS. I should have known better.

It was an old credit card with Chase. I was naive and didn't show up back in 2004.

I called Kennard and they told me Chase.  Don't see a lot of choices but to pay my parents back the money taken and get my name off their account.

[shellieh98]

You may try asking the JDB for the money back, stating it is your parents money, and work out payment with them. It's a long shot, but you never know.

I never understood how they could do that with other names on the account. At any rate, the bank should have notified you of the levy before it occurred, I would pick a new bank.

[nascar]

You may try asking the JDB for the money back, stating it is your parents money, and work out payment with them. It's a long shot, but you never know.

 

 

 

      :ROFLMAO2:    

[admin]

      :ROFLMAO2:    

Yeah, I was thinking the same thing.  No offense. 

[shellieh98]

Hence longshot.

[Torden]

This is a good example of one of many reasons people, even married couples, should not have joint accounts.  Keep the accounts separate.