MadMom12345

Never served but garnished wages!

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I woke up today with zero dollars in 3 accounts, one was my kids account. Pollack and Rosen froze $3900 of to satisfy a $500 credit card debt from 2001. Is this legal? I'm in FL.

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2 hours ago, MadMom12345 said:

I woke up today with zero dollars in 3 accounts, one was my kids account. Pollack and Rosen froze $3900 of to satisfy a $500 credit card debt from 2001. Is this legal? I'm in FL.

When did the account default, sounds like SOL may save the day.

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3 hours ago, MadMom12345 said:
 

I woke up today with zero dollars in 3 accounts, one was my kids account. Pollack and Rosen froze $3900 of to satisfy a $500 credit card debt from 2001. Is this legal? I'm in FL.

If this were me, I would be on the phone with a consumer attorney.  I would google attorneys near me who do FDCPA work and find the biggest one or one with best reviews and explain this to them. I would call several if I have to.   If you don't find one willing to look into this for you, let us know and we can go from there.

Also in the meantime, I would check your county court websites and see if you can find this case that you were never made aware of.  It will be important to see what the file contains, especially related to service.

Does anyone know if @LawKitty is still active here?

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I once had something similar happen to me. 

I ran up some unpaid phone bills in Kings County NY.  Later, I was living in New York County.  During that time they managed to get a default judgment against me I didn’t know about.  They found my bank account and froze it.  

That was legal because they had a judgment.  

Which is why you need to find out if there was a judgment against you.  If there was, they may be within their rights to freeze your account.  If not, sue the bajabbers out of them. 

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I am still around but don’t get on here as much. Yes you need to find out how service was made. Often I find that someone you were living with may have been served and may have not told you or people forget if it was a while ago. If service is valid then you have limited options. First things is file for a claim of exemption if you have kids or pay 51% of another person’s living expenses. You have to do this quickly as there are time limits. You will have to attend a hearing and prove that you are head of family and your wages were in the bank account to get your money back. The other thing is that you could possibly talk to the creditor’s attorney and settle the debt, however if the judgment is a few years old it may have ballooned to a large amount compared to original debt due to interest. Last thing is you can file bankruptcy but not as likely to get your money back if they already got it. And would only do that as last resort if you have other debts you’ve been sued for or are in danger of getting sued for.

Florida has had some unfavorable case law the last few years that favor creditors so it’s gotten harder to fight these cases and the JDBs are not giving up as easily anymore. 

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