Judgement Collection

[kaveman13]

What is the name of your state? CO & TX

I was just informed by my bank that my savings account and checking account were garnished. The total was over $9000. It seems there was a judgement against me in Colorado for credit debt. I live in Texas now & I know I owe the money, but was never made aware of a judgement/court date for judgement or anything. Every penny I owned was in the bank account, including an outstanding rent check for $1015 that has now bounced. I have no more money and a $1200 negative balance with my bank now. What can I do? Is this legal? Do I have any recourse?

[Debt Guy]

The levy on your bank account was pursuant to an order of the court -- so you question "is this legal" is automatically answered. The bank will only release the funds with a court order.

You may or may not have been served in accordance with the laws of CO. If they could not find you, then you can be served by publication in most states. You need to call the courthouse in the county you lived in CO and ask them to send you a copy of the judgment file -- there will probably be a charge. You then need to read the file to see how service was accomplished.

If the service was bogus, then you "might" be able to file a motion with the court to vacate the judgment.

None of this is a quick process. In the meantime, there is nothing you can do about the bank account problem.

You knew you owed the money and you apparently did not make any effort to resolve the debt. This is the logical consequence of that decision.