Lien against checking account

What is the name of your state? Pennsylvania.

I wrote earlier about collections and disability payments. That was a speculation based upon my current dilemna, which is actually much more serious.

First, some background. I am disabled, and I applied for SSI disability last June, was approved in January, and will be getting my first check on April 23. I lost my job in June, and my savings got me through a few months rent until September, when I moved out of my apartment with six months left on the lease.

It takes awhile for the disability claim to be processed. I was tested to validate the fact that I am disabled and Social Security has proclaimed me disabled. Thus, the payments beginning this month.

Ten days ago, a lien was placed upon my checking account for $1700, which was two months rent and legal fees. My rent check for April, as well as my auto insurance payment, had not cleared my checking account before the lien was placed on my checking account. As it stands now, my insurance is cancelled and I cannot drive. Also, my rent is not paid.

I have called the collection agency, which is in Maryland. (I moved from MD to PA on January 1.) and they have said they will not lift the lien, and that they don't care that I have lost my insurance and that my rent is not paid. Those are the exact words they used...they simply don't care.

The attorney for the collection agency said that if I agreed to let him have $300 from my bank account, immediately, he would lift the lien. That would permit one of the two payments to be processed, but only one, depending on which one was presented first, the rent or the insurance. One of them will remain unpaid.

At first I hesitated, because I need to drive, but then considering that I could also wind up homeless, I called him back and left a message, telling him that I agreed to this. They were supposed to send me a form to sign, which to date has not arrived. I was supposed to sign it and fax it back to them. In the meantime, my rent and insurance are not paid.

I called the collection agency today and the secretary said that these things take time, and that they haven't had time to put the form in the mail, which means that even more time will pass without my rent being paid.

My first thought is that this is horrible that anyone would subject another person to something like this, particularly in that I am disabled and can't work. What rights do I have? I would particularly like to know the names of the laws, any code numbers, etc, etc, so that I would have some form of reference in case I actually need to hire an attorney, which I cannot afford to begin with.

This can't be right. Thank you for any insight you can give me on this matter.

[Ladynred]

Typical collection attitude - they don't care if you have to live in a box under a bridge or go without medical care, they want MONEY!


Unfortunately, what they're doing IS legal and until you pay them, there's probably not a whole lot you can do about it. Much as I hate calling collectors, I'd call them every single day and harrass them about the form. Can you have them fax it to you, rather than waiting on snail mail ?

I take it you were served a summons for the lawsuit ? Why didn't you go to court ? You may have been able to do something about this before it got this far. At any rate, if you get your disability check going into that liened account, you can almost bet those vampires will suck that account dry - on exempt funds no less.

You might try calling the court or contacting an attorney. There may be grounds to have the judgment vacated or modifed on the basis of hardship.