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Zeph14

Bank levy despite verbal payment agreement

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Im being sued by suttell and hammer on behalf of discover..ive decided not to answer because I have no defense, i own the debt. and no extra cash to file an answer in court, its over 300 dollars. The last thing we need is for them to levy bank accounts and garnish my husband wages, im a stay at home mom at the moment, so I called and over the phone the representitive gave me a 3 year payment plan, he stated they would send me paperwork which I will sign and send back..then they would stop all forms of collection attempts as long as I make my payments on time. Im assuming they will still proceed to get a judgement just in case I default on payments. But Im TERRIFIED....the rep told me that I needed to make my first payment right then with a checking account and now im regretting giving them our info. I did it in good faith..because I will pay this debt somehow..the monthly payment are possible and maybe a lump sum in the future to get rid of it once and for all. I feel so stupid for not waiting for the agreement..but i believed him, he said I had to make a payment, he told me he would forward the info to the accountant and I would receive the agreement soon. If he is being honest, I know they will get a judgement and file the payment agreement with the courts, which is fine but..will that protect me against bank account levy now? They have my info!

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If it's not in writing, and you didn't record the phone call, you have no legal recourse. 

Just to clarify, though. Did they actually take money, or you're just worried they will? If they haven't yet, i doubt they will, but I'd get all money out of that account until you have the SIGNED agreement. 

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The conversation just happened yesterday...they haven't received a judgement yet so I dont think they can take money. 

But they may take the first payment next week...I then have one due on the 6th of every month starting january. Im assuming I make my payment online despite not having the forms yet? Im belueving this guy because he made it seem clear that if I made my payment and returned the paperwork they would not continue other forms of collection...i guess I just have to wait and see. My gawd, what a mess im in...

How often can they take our money if they did levy the account and how much can they take?

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There's a couple different things going on. First, you are correct that they can't "levy" the account without first having a judgment against you. But in your case, you voluntary gave them access to your account. Without something in writing, you have no proof that you didn't authorize them to take the full amount owed, and that's not considered a levy. 

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Yea..well nothing I can do now until next week. He reassured me they wont clear out my account, im confused about why my info had to go to an accountantAll I can hope is that they honor the verbal agreement snd I get it in writing. If we have to switch banks then so be it. Ill have to see what happens. Thank you for your help...

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One more thing..if they do take more than agreed upon, can I fight it through my bank if im technically not on the account, im not authorized to use it technically speaking..its my husbands account

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1 hour ago, Zeph14 said:

All I can hope is that they honor the verbal agreement snd I get it in writing.

I don't think they will, considering they represent the third largest credit card issuer in the world. It just isn't worth the risk for them on the off chance you happened to record the phone call. 

1 hour ago, Zeph14 said:

One more thing..if they do take more than agreed upon, can I fight it through my bank if im technically not on the account, im not authorized to use it technically speaking..its my husbands account

Possibly, but you have to consider that this approach may expose you to criminal fraud charges being brought against you. I wouldn't consider this very likely because the evidence against you could also be used against them to show that they weren't authorized to take more than you agreed to. 

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