Collection Agency Bank Checkings Account Hold

[PoorLostSoul]

What is the name of your state (only U.S. law)?

Indiana


I apologize if this isn't the correct place to post this, but:

I just checked my checking account to make sure there was enough money to pay my house payment that is deducted monthly. There was, by about $11. Then I see the amount is negative under 'Available for Withdrawal.' I called the bank and find that a collection agency has put a hold on the funds for outstanding debt. I'm not disputing the debt. Most is past due medical bills, and the rest is credit card debt from when I made the, evidently wrong, decision of trying to stay alive when I was out of work. I'm honestly not sure if the hold is over medical, or credit card bills, but I guess that doesn't matter.

I've called the collection agency several times, but only get their voicemail. I've left messages, but haven't received a call back. As the experts here probably know, my bank says they can seize the money in my account after the required waiting period, as well as any new deposits that come into the account. The soonest I can talk to someone in payroll at my employer is tomorrow, Wednesday, and I'm afraid they won't be able to stop my direct deposit from going in. I've worked a lot of overtime trying to get caught up so I can start to get my financial life in order.

I'm finally reasonably healthy, although now I have to have another surgery, probably in the next two months, but I do have a job that will at least pay my bills - UNTIL THIS!!

I literally have three dollars in my pocket, and about seven dollars in change. It's that pitifully bad. If they seize my paycheck deposit too, I won't even have gas money or money to eat on.

I understand it is a valid debt, and I had, and still have, every intention of paying it, but this will just ensure I can't pay anything. My daughter's birthday is Saturday, and I can't bring myself to having to tell her I can't even afford a present for her. Plus, my job is VERY dependent on me having my phone at all times. That'll be turned off soon too.

Is there anything I can do? It doesn't seem right that these people can just take every penny I have, or may have had, forcing me to lose my job, home, and everything else. I can't afford an attorney, and I don't know what to do.

I'd literally be better off dead, but I have three kids, so that's not an option. I'm (56) years old and worse off now than I've ever been.


Thanks for Reading

 

[adjusterjack]

It doesn't seem right that these people can just take every penny I have, or may have had, forcing me to lose my job, home, and everything else.

Of course it's right. The law gives creditors the right to do that to people who have defaulted on debts and have ignored every other method of collection that only involves asking for the money. Now, as a last resort, they are taking the money as allowed by law, instead of asking.

That being said, at some point you had to have been sued and the creditor got a judgment in court which was necessary before being allowed to levy your bank account (or garnish your pay) so I suggest you check court records with your name on a lawsuit and get a complete copy of the case file so you can figure out what happened.

 

[quincy]

What is the name of your state (only U.S. law)?

Indiana

... I called the bank and find that a collection agency has put a hold on the funds for outstanding debt. I'm not disputing the debt. Most is past due medical bills, and the rest is credit card debt from when I made the, evidently wrong, decision of trying to stay alive when I was out of work. I'm honestly not sure if the hold is over medical, or credit card bills ...

... Is there anything I can do? It doesn't seem right that these people can just take every penny I have, or may have had, forcing me to lose my job, home, and everything else. I can't afford an attorney, and I don't know what to do ...

Federal law limits the amount of a debtor's money that can be used by a creditor to satisfy a judgment. There will be a hearing scheduled in court before the funds currently frozen in your account will be released to the creditor. Only non-exempt funds can be applied toward the judgment. You will need to fill out an "exemption" form to protect some of your earnings (the court clerk can direct you to the right form to use).

If your financial situation has become unbearable and you are overwhelmed, bankruptcy might be something for you to consider. Bankruptcy should only be considered as a last resort but, often because of health issues and the resulting medical bills, many people find bankruptcy is the relief from debt that they need.

I strongly recommend you seek out legal help. You will do far better with an attorney's help. Here is a link to Indiana Legal Services, Inc, where you could find the help you need (possibly at low or no cost) or be directed to help in your area: http://www.indianalegalservices.org/CLC

Finally, a birthday present for your daughter on Saturday can be a trip to a museum, a park or a local event. A fun (free) day spent together can be special and will be remembered by both of you. Even teenagers can appreciate a parent's attention over a store-bought gift (even if they won't always admit it). Not all presents, in other words, need to cost money.

Good luck.