Hold On My Bank Account

[IMDESPERATE]

What is the name of your state?IN
I RECIEVED A ORDER TO APPEAR IN COURT TO INDIVIDUAL JUDGEMENT DEFENDENT LETTER IN THE MAIL. I HAVE A COURT DATE SET IN THE STATE OF INDIANA SET FOR THE 18TH OF JULY AND I CURRENTLY LIVE IN ANOTHER STATE. FINANCIALLY I CAN'T EVEN BUY A PLANE TICKET TO GO TO INDIANA. I AM OUT OF WORK AND I HAVE NO ASSETS. THE COURTS HAVE ALREADY PUT A HOLD ON MY CHECKING ACCOUNT IN INDIANA. THERE IS A LITTLE OVER $200.00 IN THE ACCOUNT. HOW DO I GET THE HOLD LIFTED OFF OF THE BANK ACCOUNT. I CANNOT AFFORD LAWYERS AND I WAS WONDERING IF THERE IS ANY WAY THAT I CAN CALL THE COLLECTION AGENCY AND TRY TO SETTLE THIS OUT OF THE COURTS ASAP. IS THERE A CHANCE THAT I CAN GET A LOAN FROM A FRIEND AND PAY THE AGENCY AN AGREED UPON AMOUNT. I'M SCARED OF WHAT MAY HAPPEN NEXT. I WANT TO TAKE RESPONSIBILITY FOR THE MATTER. AFTER MOVING AND STARTING OVER, THE OVER DUE CREDIT WAS THE CLEANUP MESS FROM A BROKEN RELATIONSHIP I THOUGHT THE OTHER HALF WAS PAYING AND I HAVE NO PAPER TRAIL OF PURCHASES. WHAT IS THE SOL TIME LIMIT FOR THE CREDIT CARDS IN INDIANA? PLEASE HELP, THIS IS CAUSING ME CHEST PAINS.

[Ladynred]

SOL in IN is 6 years for credit cards, 10 for a written contract. SOL clock starts when payments stop.

Whatever you do, do NOT try to settle with a collection agency over the phone, it won't protect you. You must do it all thru the mail, sending them certified letters, return receipt requested. You could try calling the CA, but they'll demand a lot of money and want it fast.

You could try calling the court in IN where they are trying to get the judgment and tell them you live out of state and can't afford to get to the hearing. I'm wondering why they filed it in IN when you live in another state though, are you a permanently removed from IN ??

[IMDESPERATE]

THE LAST KNOWN ADDRESS ON THE CARD WAS FOR INDIANA, SO I GUESS THAT IS WHERE THE COURTS TRIED TO REACH ME. WHAT ABOUT THE HOLD ON CHECKING ACCOUNT. HOW DO I GET IT LIFTED. THANK YOU.

[Ladynred]

Ok. but I think if you're no longer a resident of that state, they have to file for judgment in the state you live in .. Sr. Members ????

You're not going to be able to get the freeze lifted until you deal with the court and the creditor.

[IMDESPERATE]

DO YOU THINK I CAN ACTUALLY CALL THE ORIGINAL CREDITOR AND WORK OUT A SETTLEMENT. I KNOW THE CA WOULD BE VERY MAD BECAUSE THEY DON'T GET A CUT. WHAT IF I CAN'T MAKE THE SCHEDULED DATE TO APPEAR IN COURT. I NEED THE HOLD ON MY CHECKING ACCOUNT LIFTED, IF THEY WANT TO BE PAID I NEED TO BE ABLE TO CASH A CHECK AND THAT IS SOOOO HARD TO DO THE UNCONVENTIONAL WAY. CAN I SPEAK TO SOMEONE ABOUT THE JUDGEMENT AND IF I CAN CONTACT THE ORIGINAL CREDITOR WHAT'S MY CHANCES OF TAKING CARE OF THIS. THANK YOU.

[jj_spliff]

Was there already a judgment against you? How are they able to hold your account w/o that? In illinois, the banks require a judgment and the court has to award the CA permission to do a non-wage garnishment, freeze the bank accounts.

[IMDESPERATE]

THE LETTER HAS IN UNDERLINED WORDSORDER TO APPEAR IN COURT TO INDIVIDUAL JUDGEMENT DEFENDENT.) IT STATES THAT THE THE PLAINTIFF HAS MOVED THE COURT FOR AN ORDER OF JUDGEMENT AGAINST ME. IT ALSO STATES THAT THE COURT NOW ODERS ME TO APPEAR IN THE COURT IN TWO WEEKS TO ANSWER TO WAGES, TIPS ETC. WHICH WOULD BE AVAILABLE TO STATISFY THE JUDGEMENT. IT ALSO HAS A SUMMONS LETTER ATTATCHED AS WELL. THE LETTER CLEARLY STATES THAT THERE IS A JUDGEMENT AGAINST ME AND AT THIS POINT I HAVE A HOLD ON THE CHECKING ACCOUNT. I'M NOT WORKING SO THERE IS NO GARNISHMENT ISSUE. HOW CAN I GET THE HOLD LIFTED. THEY FROOZE THE ACCOUNT AT 200.00 IF I CAN'T HAVE ACCESS TO GETTING ANY CHECKS CASHED THEN WHAT. I DO SOME FREELANCE WORK AND I NEED ACCES TO CASHING THE CHECKS TO THE PAY MY DEBTS. WHAT ABOUT CALLING THE CREDITOR DIRECT.

[jj_spliff]

From what you are describing to me it sounds like a citation or a rule to show cause. This is usually the next step by the CA or attorney when they have judgment and they haven't recieved any payment for a while. A citation is just a summons to court to show the judge why you are not paying so they do ask for financial records, a lot of them.

As far as their hold on your account, I can almost garauntee you are not going to get it lifted.

It can never hurt to call the creditor but don't expect much. Also call the circuit clerks office to see if you can get a continuance if you are for sure you are not able to make the court date.

[IMDESPERATE]

IN REGARD TO GOING TO COURT, IF I HAVE BEEN DOING FREELANCE WORK AND CAN'T SHOW THAT THERE IS STEADY INCOME COMING IN, HOW DO THEY DETERMINE WHAT AND HOW I SHOULD SETTLE THE DEBT. IF I CAN MAKE THE COURT DATE, HOW WILL THE COURT EXPERIENCE BE HANDLED. I CAN'T AFFORD LAWYERS AND I WAN THIS EXPERIENCE BEHIND ME. IF PAYMENT PLANS ARE MADE AND I HAVE TO PAY EXTRA FEES TO CASH CHECKS THEN HOW DOES THAT HELP MY SITUATION? IT ONLY HURTS IT. DOES THE JUDGE LIFT THE HOLD OR DO I HAVE TO GO THRU ANOTHER AVENUE TO GET IT LIFTED AFTER I GO TO COURT. ALSO, AT THIS CURRENT STAGE IN THE GAME, IS GOING TO COURT THE ONLY WAY THAT I CAN SETTLE THIS ISSUE. IF I CAN'T MAKE THE SCHEDULED DATE AND A CONTINUANCE IS HARD TO SCHEDULE(I FLY ALL OVER FOR MY FREELANCE WORK) CAN I SETTLE THIS OVER THE PHONE WITH THE COURTS OR THE CA'S LAWYERS? THANK YOU FOR ANY HELP. I'M SORRY BUT I HAVE NEVER BEEN TO COURT BEFORE AND I AM SO WORRIED AND I KNOW NOTHING ABOUT THESE PROCEDURES.

[jj_spliff]

Missing court is always a bad idea, it just leaves you in the dark. In IL you miss a citation, a rule to show cause is filed which is your second and last chance then there is a warrant issued. At the least call the courts. Calling the CA is generally useless.

When they seize the accounts the money is theirs, consider it as a payment forced by them. After this, just open another account. As a collector, I can't help but wonder what people think when I seize their account once and they know a balance is STILL owing and they continue to put money in the account. Its an open invitation to take it again. Try to do whatever possible to make it to a court date. Your financial records and bills should support your reason as to why you haven't made a payment. If not expect some harsh words from the judge. After the court date, at the least keep some communication w/ the CA. If they are unpleasant over the phone, request no contact and only correspond by letter. From this side of the fence, what causes the CA to take unsavory actions is because the debtor doesnt keep in contact with them. If you dont talk to them, the picture they get is you are ignoring them.

Start by calling the courts

[IMDESPERATE]

HOW DO I OPEN ANOTHER ACCOUNT WITHOUT THE COURTS SIEZING THAT ACCOUNT AS WELL. WHAT DO I TAKE WITH COURT WITH ME, ABOUT HOW LONG WILL I BE IN COURT. IS THE DECISION USUALLY A PAYMENT PLAN OVER A PERIOD OF TIME. THANKS FOR THE INFO.

[jj_spliff]

The CA found your account by you sending them a payment with a check or you told them. Its not the courts who found your accounts and its not the courts who are interested in finding them, its the CA's respondsibility. If your court date is within a month you wont have a statement from the new acct and just make copies of the payment's recvd, not the notes of deposit. Court wont take too long. My guess, less than 45 min if its even 30min for the actual case. It all depends how far back in line you are on the docket. If you are your own employer you should have records of your income and expenses. Previous bank statements back to your last payment. Something to show the judge why you haven't paid.

[IMDESPERATE]

I'M NOT UNDERSTANDING ABOUT OPENING THE NEW ACCOUNT. WOULDN'T THE CA HAVE ACCESS TO MY SOCIAL SECURITY NUMBER AND WOULDN'T THEY GET THE NEW ACCOUNT NUMBER. THEY CAN'T PUT A FREEZE ON THE ACCOUNT AS WELL. ARE YOU SAYING THAT I SHOULD NOT PAY THEM WITH A CHECK WHEN A JUDGEMENT FOR THE SETTLEMENT TAKES PLACE? I HAVE NO RECORDS OF WHEN THE LAST PYMENT WAS MADE TO THEM NOW WHAT? THANK YOU AGAIN, YOU ARE HELPING TO EASE MY CHEST PAINS.

[Ladynred]

They can't use your SSN to find bank accounts, so they wouldn't be able to 'find' a new account unless you write them a check or give them that info. What you're going to have to do, and do any time you send money to a CA is to use money orders, don't EVER send them anything with your bank information on it. If you pay the judgement, DO NOT pay them with a check, use a cashier's check or a money order, its that simple.

Have you called the court to get your court date changed ? That IS your right. You also need to explain that you are a resident of another state now, but are you a permanent resident ??

Have you pulled your credit reports ?? You need to pull all 3, on those you will find the 'date of last activity' .. meaning the last time there was a payment. If I were you, I'd do this ASAP.

By the way.. please don't type in all CAPS, besides being very difficult to read, it is the on-line equivalent of shouting

[IMDESPERATE]

Thank you for the info. I had no idea of how this craziness works. Can I open another account at the same bank and have the one on hold closed? I've decide to go to the court date. I need to get on with this business. I do owe the debt. I have no idea what to take to court with me and I've never been thru this before. do you have any suggestions. I don't have steady income, but I freelance thru different companies. Do you have any idea of how they would have me pay back a debt that estimates 9000.00. At this point, is it easier to go to court or call the creditor direct? Thank you for the info.
P.S. Didn't mean to offend you with the cap typing. That was the least of my worries and the last thing that I'm thinking about. My chest feels likes it is going to cave in. I'm just being honest. Stress out in Indiana.