Bank account garnishment

[LadyDis]

What is the name of your state? New York

I am currently in dispute with a CA regarding a debt they claim I have with a local bank. 1) contacted bank and no such acct exists (missing acct nos) and 2) I do not have any such acct with the bank. Unfortunately, before learning of my rights, I gave a post-dated check over the phone. I, immediately sent them the next day a DV letter by registered mail, by email as well as a phone call to them that I am disputing this debt and am not authorizing the payment or check. I also put a stop payment on said check. Of course, they still tried to desposit it. My question, can they freeze my acct or debit it in any way? Isn't this illegal since I have disputed this debt and have not been given papers to validate it? Pls. advise ASAP. Also, my acct is a joint acct with my husband. Can they still touch it even if the alleged debt was only in my name?

[MominNJ]

The CA cannot take money or get a levy put on your bank account unless they have a judgement.
As far as this account with the bank: did you have an old loan or old account? Is that why you paid in the first place? I have a similar situation. I co-signed on a loan that the person just decided not to pay. The bank sold the account to a CA and when I called the bank, they could not locate the account to give me any information. That may be the case with you.
In any case, wait for the CA to send you validation. They probably won't. But if they do, check to see if the SOL is up on this. Take it from there.

[LadyDis]

I never had an account with this bank. The only reason why I gave a post dated check was the CA made me believe that the only way I could sort this out was make the payment arrangement and the paperwork would be fed-exed to me right away. I only found out afterwards that it would take at least 4 weeks (I called the CA again) and I realized that once they got my money, they would not need to validate it because I unknowingly validated it by paying. The last straw was when they called me again asking for more money than what was they originally agreed to get from me. I was harassed into making the payment over the phone to show "good faith" and I was gullible enough to buy into it. I put a stop to all that and asked for validation of the debt first before I made any payment arrangements with them.

[MominNJ]

Well, I would write them another letter and address it to the legal department of the CA. i would also dispute it in writing to the CRA's and send the CA copies of that and send the CRA's a copy of the letters you write to the CA. For them to say that you have to pay before they can send you validation is BS and I would report them to the BBB as well. They tried to trap you. I've been to this website and they have loads of advice and sample letters. Check it out. It helped me a lot.
[url]http://www.creditboards.com[/url]
here's another good site:
[url]http://www.creditinfocenter.com/rebuild[/url]
Good Luck!