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  #1  
Old 05-14-2003, 10:28 PM
Billnlinn
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Unhappy

Ouch, they got me can anyone help ??


What is the name of your state? Texas

I made a deal with a credit card company to make payments on an old debt from about 5 years ago. They agreed, however, this evening while reviewing our checking account online we noticed a note stating legal action and a withdraw of all the money we had in our account, approx $1,300 dollars. Of course it bounced a number of checks. Apparently they can do that or can they. How often can they come after your account ? The total amount for settling was $2000. If they can come again, how can I protect my simple pay check that puts food on our table ? I think they suckered me.

Thanks all,

B
  #2  
Old 05-14-2003, 10:49 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
I'll say !!! Never EVER give a collection agency your banking info !
This debt DIED a year ago as the TX SOL for credit cards is FOUR years, you didn't have to pay them a cent !

As for this 'legal action' they cannot garnish an account w/o a judgment first and to get that you would have to have been sued. If you have not been sued, or received a summons, then this CA just grabbed all it could and they WILL do it again if you don't immediately close that account or at least have the bank block that company from drafting from your account again.

You need to call the courthouse ASAP and find out if a lawsuit has been filed. Unfortunately, if you had nothing in writing as to the amount you would pay and what they'd take, you're not going to get that money back.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 05-14-2003, 10:50 PM
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Join Date: May 2001
Posts: 6,453
This sounds like they got a judgment against you at some point. Were you ever sued in this matter? You need to call the courthouse tomorrow and find out if there is a judgment.
  #4  
Old 05-14-2003, 11:02 PM
Billnlinn
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They told me they were going to get a judgement if I didn't pay. I was never served with anything...

B
  #5  
Old 05-14-2003, 11:07 PM
Billnlinn
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When you pay with a check they have your account number. Can they track your banking activity with just your social security number? If they go into the bank with a legal order I would assume the bank will roll over regardless of what blocks I may impose, is this true ?

You guys are a great help, my poor wife is sick with the stress of all this mess and she isn't even to blame.

B
  #6  
Old 05-14-2003, 11:37 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
They can't just 'get a judgment', they HAVE to go thru the legal process of filing a lawsuit, serving you a summons, and going to court before they can do a damn thing. So, if you haven't been served anything then they just drained your account because they had your info and could do so. NEVER send a collection agency a personal check.. and this is the reason why. Send them cashiers checks.. and not from YOUR bank.. or money orders only. IF the bank were presented with a levy or garnishment order, yes, they would turn over the money as ordered.. unless the funds were somehow exempt and you had a letter at the bank to back that up.

It would still be a good idea to check with the courthouse.. it won't cost you anything to be 100% sure there's no suit.

The best thing for you to do is probably to close that account and open a new one.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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