Closed Thread
Page 1 of 5 123 ... LastLast
Results 1 to 15 of 70
  1. #1
    Queen Coco Brow is offline Junior Member
    Join Date
    Feb 2008
    Posts
    28

    I have a freeze on my bank account and it is driving me crazy!!!!!

    What is the name of your state? NY

    Current Situation
    Hi. Last Saturday, I found out that my bank account has been frozen by Thomas law offices (Calvary portfolio services). I tried to make an agreement with them of $100 monthly via my bank account. They asked me to fax them my bank statement from commerce bank in order too prove that I am getting direct deposit and that I would be able to pay them consistently and efficiently. Understanding this, I complied. When I faxed my bank statement over to them, they told me that they agree to accept the $100 a month. However, they want to take out $850 initially and thereafter, proceed with the $100 monthly payments. Mind you, I only have $991 in my account. I told them hell no. They then stated that they would then take out the money without my consent and then garnish my wages thereafter. They have a judgment from the court that allows them to adhere to that. I told them that they can do what they need to do but if they take that money, they will not get the $100 monthly anymore. Here's the problem, I have spoken to a lawyer and he elaborated that they are allowed to freeze my account. However, I can file for an order to show cause and state that I was not served. The thing is, truthfully, I do not remember whether I was served or not. I do remember being served with papers before but I don't remember if it was for them or someone else for an entirely different reason. The statute of limitations is still valid because they received my account in 2004 and I have made an agreement to pay them in 2006. Yeah, I know that's not good. At that time, however, I was either not working or getting limited work due to the fact that I was working for a temp agency. I tried to get them off of my back then by agreeing to pay them $40 monthly. I broke that agreement and haven't spoken to them since (completely my fault). So the question is how do I get the freeze of of my account besides stating to the courts that I wasn't served? I honestly can't remember if I was served or not so is their anything else that can be done? All other suggestions and comment are welcome. Any advice at this point will be greatly appreciated. I am just in need for answers and a peace of mind. Oh yeah! Due to interest, the bill went from $3,889 to $4,652. However, I am not too sure how much I initially owe sprint itself and if these numbers are valid. Help a sister out!
    Thanks in advance
    Queen Coco Brown
  2. #2
    Debt Guy is offline Senior Member
    Join Date
    Jan 2005
    Posts
    2,341
    Queen

    I don't have any brilliant ideas. The freeze is perfectly legal. You admit you owe the money. You have broken your word several times now so they are not exactly inclined to think this time will be different. They have gone to a lot of effort and money to get you in court.

    Once you are in default the creditor may demand payment in full immediately. They are not required to accept smaller payments.

    Right now you have just about zero leverage.

    You can try to fight on the grounds that you were not served. Or, you can file bankruptcy -- which itself will cost about $1800.

    Sometimes a judge will take hardship into account. You may be too late to make that request to the court.
  3. #3
    debtcollector` is offline Senior Member
    Join Date
    Jul 2005
    Location
    Missouri - Go Tigers!
    Posts
    6,159
    Quote Originally Posted by Debt Guy View Post
    Nothing I have said should be interpreted as defending or excusing the misdeeds, errors or feculent calumny of credit reporting agencies, credit card companies, collection agencies, collectors, banks, lawyers or postal carriers. Those who violate the FDCPA, FCRA, Robert's Rules of Order, the second law of thermodynamics or Jeremiah 29:11 deserve to be prosecuted, persecuted, electrocuted, hog-tied, deep-fried, air-dried and then have their bones ground-up and sold as chicken feed.
    I can understand the sig -- but seeing that I broke Robert's Rules a couple of times, can we negotiate a bit on the chicken feed?

    DC
  4. #4
    Chien is offline Senior Member
    Join Date
    Oct 2005
    Posts
    1,552
    YAG taught me some interesting things about vacating NY judgments – things that differ from my own state – but I don’t think they help the OP, because she’s still well within the SOL. If she had a chance (and it sounds as if even she is unsure), the problem will just start again but on a larger scale. I don’t think there’s a magic answer, and “zero leverage” sounds about right.

    DG, I’m with DC. Liked the old sig and understand the new (who couldn’t love “feculent calumny”?), but, Robert’s Rules aside, isn’t Jeremiah 29:11 kinda beyond my control? Just being an attorney subjects me to Jeremiah 29:18. Isn’t that enough?
  5. #5
    Queen Coco Brow is offline Junior Member
    Join Date
    Feb 2008
    Posts
    28

    Well, yes and no!!

    First off, I have been doing some research and have found some very interesting things about this freeze:
    1. They froze my bank account with exempt money in it. Under NY state law, if you can prove that your bank account consists of only working wages, they are only entitled to 10% (over 175.00 weekly). My bank statement clearly states that I get direct deposit every week.

    2. I really do not remember getting served. They have called me and written me letters but I really can't recall getting served.

    3. Every time I ask them how much I owe them, it is something different. In 2006, the told me $ 3,ooo(and something) and now they are telling me that because of interest, it is $4,000 (and something). I faxed them a validation letter and they received the bank statement that I faxed but not the letter. I can't even remember exactly how much I owe sprint. I want them to prove this. If they can't, hey!!

    I am not saying that I do not owe any money at all. I am just saying that they are being unreasonable with their tactics and I do not like it. Prove how much I owe and take the freeze off knowing that I have exempt funds!!!! Grant it, I did break an agreement with them. However, when you are unemployed and on the verge of losing your place (in 2006), you are honestly not thinking about a debt collector. Right now, I have 2 turn off notices (electric and telephone) and my rent can not be paid because of this freeze. I tried to work out something with them and they are giving me hell. I guess I just have bad luck. I see it like this, they have a job to do, I have to survive!
    Last edited by Queen Coco Brow; 02-18-2008 at 03:28 AM.
  6. #6
    debtcollector` is offline Senior Member
    Join Date
    Jul 2005
    Location
    Missouri - Go Tigers!
    Posts
    6,159
    Quote Originally Posted by Queen Coco Brow View Post
    First off, I have been doing some research and have found some very interesting things about this freeze:
    1. They froze my bank account with exempt money in it. Under NY state law, if you can prove that your bank account consists of only working wages, they are only entitled to 10% (over 175.00 weekly). My bank statement clearly states that I get direct deposit every week.
    That mean you can get your money back after you file your exemptions and wait about 8 months.

    Quote Originally Posted by Queen Coco Brow View Post
    2. I really do not remember getting served. They have called me and written me letters but I really can't recall getting served.
    So go to the courthouse and check the service method.

    Quote Originally Posted by Queen Coco Brow View Post
    3. Every time I ask them how much I owe them, it is something different. In 2006, the told me $ 3,ooo(and something) and now they are telling me that because of interest, it is $4,000 (and something). I faxed them a validation letter and they received the bank statement that I faxed but not the letter. I can't even remember exactly how much I owe sprint. I want them to prove this. If they can't, hey!!
    Post-judgment -- good luck. But you can figure it out yourself. Take the amount of the judgment plus court costs and attorney's fees and add 9% per year interest.

    Quote Originally Posted by Queen Coco Brow View Post
    I am not saying that I do not owe any money at all. I am just saying that they are being unreasonable with their tactics and I do not like it. Prove how much I owe and take the freeze off knowing that I have exempt funds!!!! Grant it, I did break an agreement with them. However, when you are unemployed and on the verge of losing your place (in 2006), you are honestly not thinking about a debt collector. Right now, I have 2 turn off notices (electric and telephone) and my rent can not be paid because of this freeze. I tried to work out something with them and they are giving me hell. I guess I just have bad luck. I see it like this, they have a job to do, I have to survive!
    There is nothing unreasonable about that. They got your attention. Unfortunately, you are still looking for ways to skip out on paying instead of looking for ways to pay the debt. You made your own luck. It is up to you to change it.

    DC
  7. #7
    Queen Coco Brow is offline Junior Member
    Join Date
    Feb 2008
    Posts
    28

    So, what do you suggest!!!!?????

    I need this freeze off and I was willing to pay them monthly. However, they need to prove how much I exactly owe and stop ducking me. I am just not willing to give them all of the money in my bank account and then pay them monthly. To me, that is unreasonable and my bills come first! I have been working for a while and I am able to pay them what I agreed upon. What?? They want me to file for bankruptcy or they want their money?? Everything that I work hard for everyday is frozen. Then, they are going to tell me that I have to give them all of my money? NO way!!! I'll take it to court and take my chances there. When the judge sees my turn off notices, I was never served, they have frozen an account with exempt wages and I am about to be light less and possibly homeless because of these *******s, he might or might not work with me. U see!! I am not trying to duck out of paying my debt and you are right, they certainly got my attention. However, they just pissed me off too and a light less and hungry woman is a very dangerous woman. Do you have any idea what rent is like in NY? I pay almost $900 a month for rent and I only get paid $340 weekly. Then I have bills and other important things to pay off. I will fight this tooth and nail. I sir, do believe that is unreasonable. I will not agree to something I can not afford to do!! Period!!!
    Last edited by Queen Coco Brow; 02-18-2008 at 09:33 AM.
  8. #8
    debtcollector` is offline Senior Member
    Join Date
    Jul 2005
    Location
    Missouri - Go Tigers!
    Posts
    6,159
    You are in a post judgment situation. Nobody needs or cares about your agreement. The sooner you recognize that the better you will be. The creditors are not concerned with your situation at all.

    DC
  9. #9
    Queen Coco Brow is offline Junior Member
    Join Date
    Feb 2008
    Posts
    28
    Well, the law will care if they see that I am not able to survive!!! What's more important. Food or paying a very old debt!! Furthermore, they froze my account with exempt funds. THEY HAVE TO LET IT GO!!!!!! Oh yeah!! I WAS NEVER SERVED BECAUSE IF I WAS SERVED, I DEFINITELY WOULD'VE BEEN TO COURT!!! So, you might not agree with what I am doing. However, survival comes first.
  10. #10
    tanja53 is offline Member
    Join Date
    Jan 2008
    Posts
    238
    Quote Originally Posted by Queen Coco Brow View Post
    Well, the law will care if they see that I am not able to survive!!! What's more important. Food or paying a very old debt!! Furthermore, they froze my account with exempt funds. THEY HAVE TO LET IT GO!!!!!! Oh yeah!! I WAS NEVER SERVED BECAUSE IF I WAS SERVED, I DEFINITELY WOULD'VE BEEN TO COURT!!! So, you might not agree with what I am doing. However, survival comes first.
    I agree with you. Survival comes first. Most people don't plan to get broke and not able to pay their bills.
    And a homeless person can't really have an honest job since they need an address.
    Most people will not hire a homeless person.
    And a hungry person can't even work and/or do a good job.
    I always say what goes around comes around. And how you wnt to be treated you have to treat others. Next time it could be you or a dear one. Good luck.
  11. #11
    CourtClerk is offline Senior Member
    Join Date
    Apr 2007
    Location
    Sitting at the computer probably rolling my eyes at your post
    Posts
    13,439
    Quote Originally Posted by Queen Coco Brow View Post
    Well, the law will care if they see that I am not able to survive!!!
    Please don't set yourself up for more heartache. I have no idea how your state works, but here, you'd be nailed to the wall and told to get another job. You have bills? Yes, and this is one of them.
    What's more important. Food or paying a very old debt!!
    Fulfilling an agreement and not being so irresponsible that you are living way above your means. From the sound of your post, you aren't doing any better than you were in 2006. Still, you're almost homeless and have a bunch of turn off notices.
    Furthermore, they froze my account with exempt funds. THEY HAVE TO LET IT GO!!!!!!
    File a claim of exemption. If granted, you'll get the money back... in a few months. No one is going to release money overnight.
    Oh yeah!! I WAS NEVER SERVED BECAUSE IF I WAS SERVED, I DEFINITELY WOULD'VE BEEN TO COURT!!!
    Actually, you didn't say you were never served, you first said:
    The thing is, truthfully, I do not remember whether I was served or not. I do remember being served with papers before but I don't remember if it was for them or someone else for an entirely different reason.
    then you said:
    I honestly can't remember if I was served or not so is their anything else that can be done?
    which means that you are just going around being served and sued by quite a bunch of people. Isn't living the life you choose to live quite stressful? I'd be old and gray by now if everytime I turned around a process server was looking for me.
    So, you might not agree with what I am doing. However, survival comes first.
    Get a second job. Learn to dig yourself out of this, then maybe you'll learn a lesson and figure out a way to never get yourself back in this position. BK is the easy way out and all that means is that responsible people have to end up paying your debt because you didn't. I bet you if you paid your way out of this, you'd be hard pressed to accept any form of credit... ever again.
  12. #12
    CourtClerk is offline Senior Member
    Join Date
    Apr 2007
    Location
    Sitting at the computer probably rolling my eyes at your post
    Posts
    13,439
    Quote Originally Posted by tanja53 View Post
    I agree with you. Survival comes first. Most people don't plan to get broke and not able to pay their bills.
    And a homeless person can't really have an honest job since they need an address.
    Most people will not hire a homeless person.
    And a hungry person can't even work and/or do a good job.
    I always say what goes around comes around. And how you wnt to be treated you have to treat others. Next time it could be you or a dear one. Good luck.
    Coming from someone who is in the same position and being sued six ways to Sunday.. this is real helpful. You can pay your bills too you know...
  13. #13
    Queen Coco Brow is offline Junior Member
    Join Date
    Feb 2008
    Posts
    28
    You know what, you can say what you want to say. Things happen. My situation isn't good and they are making it worse. I am not on welfare and I work very hard for my living. Neither am I accepting any benefits. I do everything on my own. When this debt started, I had all intentions to pay the bill. I just want my account unfrozen. If they do not, I WILL GO BANKRUPT AND THEY CAN FIGURE IT OUT. I'LL PREFER PAY THE GOVERNMENT THAN THESE *******S. Unless you are in my shoes, you have no right to down rate me. I do not live above my means. I never even had a credit card before. My rent takes up a lot of my stipend. Even if I was to get a second job, it will still be a problem. So please!!! I will get my money back one way or another.
  14. #14
    seniorjudge is offline Senior Member
    Join Date
    Aug 2005
    Location
    St. Odo of Cluny Parish
    Posts
    29,533
    Quote Originally Posted by Queen Coco Brow View Post
    You know what, you can say what you want to say. Things happen. My situation isn't good and they are making it worse. I am not on welfare and I work very hard for my living. Neither am I accepting any benefits. I do everything on my own. When this debt started, I had all intentions to pay the bill. I just want my account unfrozen. If they do not, I WILL GO BANKRUPT AND THEY CAN FIGURE IT OUT. I'LL PREFER PAY THE GOVERNMENT THAN THESE *******S. Unless you are in my shoes, you have no right to down rate me. I do not live above my means. I never even had a credit card before. My rent takes up a lot of my stipend. Even if I was to get a second job, it will still be a problem. So please!!! I will get my money back one way or another.
    You got accurate and legal advice.
    There are two rules for success:

    (1) Never tell everything you know.
  15. #15
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    53,541
    Quote Originally Posted by Queen Coco Brow View Post
    I WILL GO BANKRUPT AND THEY CAN FIGURE IT OUT.
    Don't throw this threat around lightly...
Closed Thread
Page 1 of 5 123 ... LastLast

Similar Threads

  1. bank account freeze
    By jmille1207 in forum Debt Collections
    Replies: 11
    Last Post: 06-29-2007, 04:38 PM
  2. how to freeze bank account ?
    By jaydia in forum Small Claims Courts
    Replies: 1
    Last Post: 01-04-2006, 04:02 PM
  3. Freeze a bank account
    By 424Smudge in forum Child Support
    Replies: 1
    Last Post: 09-21-2005, 11:56 PM
  4. Freeze Bank Account
    By panceta in forum Banking & Credit Cards
    Replies: 3
    Last Post: 02-24-2005, 06:04 PM
  5. Bank account freeze
    By cleanmom in forum Banking & Credit Cards
    Replies: 6
    Last Post: 02-03-2004, 12:25 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.