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  1. #1
    honeybeez is offline Junior Member
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    bank account frozen due to judgement default

    I live in PA, earlier this year I entered into a consumer payment plan, but after 4 months, I realized they weren't doing much of anything to stop the collections calls, plus all the monies they took from me where going directly to there fee schedule (6 months worth to just get started)> In the meantime we were receiving calls and letters from a law firm for CC debt that was only 4-6 months in default, apparenty they bought this debt from Chase Bank. The total on the card was around 7K. The debt management company kept advising these were scams and scare tatics and to ignore them, they claimed to of faxed a letter of cease and decist.
    This Friday my account has been frozen by this law firm, and the letters they sent were legit after all. Can I file a motion to vacate the judgement? Were filing for BK 13 too, will this unfreeze my account and put the debt under BK protection?
  2. #2
    JETX is offline Senior Member
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    Quote Originally Posted by honeybeez View Post
    Can I file a motion to vacate the judgement?
    Yes, you have the right to file to try to vacate.... HOWEVER, what is your basis for the motion?? You will have to show the court a valid reason, such as: improper service, etc.

    Were filing for BK 13 too, will this unfreeze my account and put the debt under BK protection?
    The simple filing will NOT unfreeze the seized funds but, depending on the timing, your attorney can request that the court ask that the fund turnover to the court/creditor be halted until the petition is ruled on. Then you can include the judgment into your repayment plan.
  3. #3
    honeybeez is offline Junior Member
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    what can the plantiff do to receive payment on the judgement? They posted
    over 20k freeze on our account, but the judgement was 8k. If they take all our money, we will lose our jobs and end up on welfare. So they will never get the full amount of the judgement regardless.
    We still plan of filing BK13, but will this atleast unfreeze our account so we can still live? I was going to file the motion to vacate on the grounds of being informed by the debt management company that they advised any real legal lawsuits would have been mailed to us registered mail from the county courthouse, our paperwork came directly from the law firm representing the plantiff and they looked like bad photocopies without any official seals.
  4. #4
    honeybeez is offline Junior Member
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    I meant to ask if the plantiff would be willing to work out a repayment plan, instead of trying to wipe us out completely, can we go to the courthouse and file our own motion to vacate, if so how long does it take for the judge to review and sign it? Is it the same day you file it? Can they really just us out on the street overnight? We never received any warning that our accounts were being seized, just the bad photocopy staing they won by default.
  5. #5
    JETX is offline Senior Member
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    Okay, let's try this again.....
    In order for the court to grant your motion (to vacate the judgment), you have to be able to show them WHY it should be vacated. Your simply saying "Gee, it isn't fair" is not sufficient. It has to be a legally valid reason (failure in proper service, error by the court, etc.).

    Before you do ANYTHING, you will have to contact the court and get a copy of the 'notice of service', then compare the service made with your state requirements for proper service. If it was served properly, then you have little if any chance of success in convincing the court that the order should be vacated.

    From your post, it would appear (absent complete details), your best process would be to allow the judgment ($8k) from the account and get a release of the remaining $12k that is currently on hold.
    Might not be what you want.... but it is likely the fastest way to get funds released.... and gets rid of the judgment at the same time.
  6. #6
    honeybeez is offline Junior Member
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    i only have 3k in available funds in the account, I'll check the proper form of notice for the state of PA. If I have an attorney file the motion for vacate to file for BK, will that work?
  7. #7
    latigo is offline Senior Member
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    You have failed to mention the presence of two essential factors necessary to obtain relief from a default judgment. All as required under Section 273.3 of Pennsylvania’s Rules of Civil Procedure

    1. Circumstances evidencing “a reasonable explanation or legitimate excuse” in not filing a timely response to the plaintiff’s complaint.

    2. Facts that if established would constitute a “meritorious defense” to the complaint.

    In neither post have you mentioned that the money was not legitimately owed to the creditor plaintiff.

    And you must pass that threshold before the court will consider setting aside the default, irrespective of any other factors.
  8. #8
    honeybeez is offline Junior Member
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    the law firm is a junk buyer, the CC was with Chase and the credit report has it listed as a charge off, apparently this firm bought the debt for pennies on the dollar, Chase will never see this judgement. When I entered in the debt management plan, Chase was notified to cease collections, and they must of sold it to this firm.
  9. #9
    Some Random Guy is offline Senior Member
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    the law firm is a junk buyer, the CC was with Chase and the credit report has it listed as a charge off, apparently this firm bought the debt for pennies on the dollar, Chase will never see this judgement. When I entered in the debt management plan, Chase was notified to cease collections, and they must of sold it to this firm.
    And of course, none of this matters. It does not matter how much the law firm paid and it does not matter if Chase thought the money was uncollectable. What matters is whether you really owed the money.

    Additionally, even if you told the law firm to cease collections, that would not prevent them from filing suit against you.
  10. #10
    JETX is offline Senior Member
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    [QUOTE=bluescat;2425289]I'm personally not familiar with BK 13.[/qutoe]
    Then why did you feel compelled to spout your drivel??

    Let me know if this helps
    Of course, NONE of it helps, because you are NOT CORRECT!!

    A lost debit card will NOT stop a garnishment/levy on an account... since it is done under a court ORDER!!

    There is NO such 'one a day' call restriction.
  11. #11
    bluescat is offline Junior Member
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    [QUOTE=JETX;2425312]
    Quote Originally Posted by bluescat View Post
    I'm personally not familiar with BK 13.[/qutoe]
    Then why did you feel compelled to spout your drivel??

    Of course, NONE of it helps, because you are NOT CORRECT!!

    There is NO such 'one a day' call restriction.

    Sure there is, one of my co-workers use to work for many collection agencies. I asked him the ins-outs on what they can and cannot do. Also this is a civil manner, and if any person or persons that you do not want phoning you call more then once in a day this is considered harassment and they can be fined or even arrested.

    Quote Originally Posted by JETX View Post

    A lost debit card will NOT stop a garnishment/levy on an account... since it is done under a court ORDER!!

    I specifically told the questionnaire that I did not know much about BK 13 but if he does get his account free then the next phase of projection would be the cancel his present account at his bank.

    Please read my comment clearly before replying.

    Thanks

    Tell me if this helps?
  12. #12
    JETX is offline Senior Member
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    Quote Originally Posted by bluescat View Post
    Sure there is, one of my co-workers use to work for many collection agencies. I asked him the ins-outs on what they can and cannot do. Also this is a civil manner, and if any person or persons that you do not want phoning you call more then once in a day this is considered harassment and they can be fined or even arrested.
    So, either your 'friend' is an idiot... or you are for believing his crap. Simply, there is NO set definition of harassment. It depends ENTIRELY on the circumstances.

    I specifically told the questionnaire that I did not know much about BK 13 but if he does get his account free then the next phase of projection would be the cancel his present account at his bank.
    The last part (cancel present account and move to another bank) is correct... but he won't get it 'free'.... and if he does, the bankruptcy trustee will take care of it for him.

    Please read my comment clearly before replying.
    Don't need to. It is clear from your other incorrect 'advice' posts that you are a 'legal moron'.

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