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  1. #1
    Toni4g1b is offline Junior Member
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    money taken from my bank account

    What is the name of your state? NC Judgement filed in Florida

    Before a judgment is placed against you shouldn't you have the opportunity to settle or make payment arrangements . Don't I have a right to be in court for this. Money was taken from my bank account and I don't know if this settles the case or if they are going to continue to take my money. Please help!!
  2. #2
    Some Random Guy is offline Senior Member
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    You have been sued in court and lost. If you were not properly served for the lawsuit, you must immediately find out what couny you were sued in and file to have the verdict thrown out. If you are successful in having that verdict thrown out, then the creditor can file a new suit against you and you may likely stilll lose if you do not have any defense of why you don't owe them the money.

    To find out where you were sued,
    Check your credit report ([url]www.annualcreditreport.com[/url])
    Call the creditor and ask
    Call the courthouse in your recent counties of residence.

    Money was taken from my bank account and I don't know if this settles the case or if they are going to continue to take my money.
    At this point you have no idea how much you were sued for, so nobody can answer that question.
  3. #3
    Chien is offline Senior Member
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    Try calling your bank. The money was apparently taken pursuant to the domestication of a NC judgment in FL. To freeze/withdraw the funds, the bank had to be served with a court order. The order should identify the issuing court, the case number and the optimum amount to be seized – i.e. what could have/should have been taken to satisfy the entire judgment, if the money was there. The Sheriff/Marshal who served the order should also be identified and have the same information.

    If less was taken than would satisfy the judgment, you still have the same problems explained by Some Random Guy.
  4. #4
    Zigner is offline Senior Member
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    And, you WILL have to pay your bank for copies of those records (check your account agreement)
  5. #5
    Chien is offline Senior Member
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    Copies, maybe, Zigner, but most banks will give that information to an existing customer by phone. The OP really only needs court and case number to go further, and the bank should give notice to any prospective third-party claimants (eg. secured creditors) anyway.
  6. #6
    Zigner is offline Senior Member
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    Quote Originally Posted by Chien View Post
    Copies, maybe, Zigner, but most banks will give that information to an existing customer by phone. The OP really only needs court and case number to go further, and the bank should give notice to any prospective third-party claimants (eg. secured creditors) anyway.
    Yes - which is why I recommended our OP check their account agreement
  7. #7
    Antigone* is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    And, you WILL have to pay your bank for copies of those records (check your account agreement)
    Ahhhh Zigner...you're sounding like a banker after my own heart . Fee Revenue
  8. #8
    Chien is offline Senior Member
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    With due deference to the banking industry . . . . (And for the benefit of other readers.)

    OP – your account agreement has no necessary relevance. There is litigation. You have subpoena power. Call the bank and ask to speak to the Operations Officer. Explain that you’re about to issue a subpoena for all records related to the account, but all that you really need are the court name and case number on the garnishment order. The bank has a right to charge for responding to a subpoena, but it will be a statutory charge – nothing to do with your account agreement.

    I’m from the same state as Wirelessany1. There is a statutory cap on what can be charged for responding to a subpoena. There is in yours as well. In our state, the current charge is 18 cents per page. The cost to you in our state would top out at $25-35. If you served a subpoena requesting “all documents excluding those initiated by or previously provided to the requesting party”, I estimate that it would take one man-day to distill the request down to the relevant 1-2 pages that you want to see. If your bank is willing to spend the equivalent of one day of one employee’s time to earn $25-35 (it could be less in your state), I personally might make them do it, just for the giggle. Then, I’d change banks the next day in favor of one with a better sense of “sound fiscal policy”. In many years of practice, I’ve never had a bank be that myopic and uncooperative, but I infer that they exist.

    Banks don’t like to respond to subpoenas and don’t make money doing it (more like reverse fee revenue). It’s a court order – no choice. Incidentally, it is highly likely that the order was served by the most proximate Sheriff/Marshal. If the bank still plays hardball, identify that office and a phone call will get you the same information for free. (Personally, I’d still serve the subpoena just for spite, but I’m not encouraging you to spend the money.)
  9. #9
    Texas Pooh is offline Member
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    OP,

    Chien is correct, as usual.

    To answer your other questions, your bank account and other assets will be seized until the judgment is paid in full (and that means all interest and attorneys fees). You need to go to your county courthouse and get the file for the domestication of the judgment. That will tell you how much the judgment is for. Remember, in addition to the attorneys fees that were awarded in the original lawsuit, you are going to have to pay the fees to domesticate the judgment (basically a whole new lawsuit).

    If you did not get served originally, you may be able to overturn the domestication, but you need to move quickly. First, however, you need to get the file.

    Do you remember ever being sued?

    As to your second question, no, there is no requirement that you be given a chance to settle or make payment arrangements before the judgment is entered. The time for that is when the debt is due, or when you are first sued.

    Having said all this, there is nothing to stop you from calling the creditor and trying to work something out. They are not going to be very willing to give you extended payments or low payments, but you can certainly try to work something out. Be prepared to tell them absolutely everything about your personal financial situation to convince them you are proposing reasonable payments under your circumstances. Make sure whatever you arrange is in writing.
  10. #10
    Zigner is offline Senior Member
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    Chien -

    Please re-read the OP. The OP has already LOST his case. There is not litigation - there is a judgment.
    The bank agreement comes in to play with regard to what fees may be charged in this situation. Granted, there may be a "cap" on charges for copies - but there also may be fees for processing the subpoena.


    Quote Originally Posted by Chien View Post
    With due deference to the banking industry . . . . (And for the benefit of other readers.)

    OP – your account agreement has no necessary relevance. There is litigation. You have subpoena power. Call the bank and ask to speak to the Operations Officer. Explain that you’re about to issue a subpoena for all records related to the account, but all that you really need are the court name and case number on the garnishment order. The bank has a right to charge for responding to a subpoena, but it will be a statutory charge – nothing to do with your account agreement.

    I’m from the same state as Wirelessany1. There is a statutory cap on what can be charged for responding to a subpoena. There is in yours as well. In our state, the current charge is 18 cents per page. The cost to you in our state would top out at $25-35. If you served a subpoena requesting “all documents excluding those initiated by or previously provided to the requesting party”, I estimate that it would take one man-day to distill the request down to the relevant 1-2 pages that you want to see. If your bank is willing to spend the equivalent of one day of one employee’s time to earn $25-35 (it could be less in your state), I personally might make them do it, just for the giggle. Then, I’d change banks the next day in favor of one with a better sense of “sound fiscal policy”. In many years of practice, I’ve never had a bank be that myopic and uncooperative, but I infer that they exist.

    Banks don’t like to respond to subpoenas and don’t make money doing it (more like reverse fee revenue). It’s a court order – no choice. Incidentally, it is highly likely that the order was served by the most proximate Sheriff/Marshal. If the bank still plays hardball, identify that office and a phone call will get you the same information for free. (Personally, I’d still serve the subpoena just for spite, but I’m not encouraging you to spend the money.)
  11. #11
    Antigone* is offline Senior Member
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    I'm not sure what the fees are for a subpoena, but the fees for levies are pretty hefty. If my memory serves me correctly, the judgment debtor's account get hit with the levy but before that, we take our $75.00 fee.
  12. #12
    Chien is offline Senior Member
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    Please re-read the OP. The OP has already LOST his case. There is not litigation - there is a judgment.

    Zigner, with due respect, there is nothing in the post to establish that the matter is concluded. Due process trumps the judgment and, in this post, possibly trumps it times two. If the OP was not properly served so as to give notice in NC, the NC judgment is subject to attack. In the instance of domestication, the defendant has the benefit of every procedural defense that might have existed in the originating state and every procedural defense that would exist in the sister-state. Put more simply: service doesn’t give notice in NC = basis for attack on NC judgment. Defective service of notice of domestication in FL = basis for attack in FL. The OP has the right to acquire any documents that arguably support his position, and the court record certainly meets that criterion.

    Let’s assume that, contrary to the OP’s post, that service was good in both states. Even if the OP is wasting his time and even if there is a statutory bar limiting the time in which a motion could be brought in either state, it doesn’t stop him from trying and it’s not over until the fat lady (viz. bench officer) rules against him and appeals are exhausted.

    That said, I naturally agree with TP. I didn’t care enough about the post to debate the issue of the fee agreement with you and add the comments that I did. It was the endorsement of that position that tripped my trigger. In Wirelessany1’s state, the OP would have 2 years from entry of a default judgment based on service that didn’t result in notice or 6 months from actual notice of said default judgment or such additional time as equity and good cause dictates. I’m not checking NC and FL.

    And yes, there would be a charge for responding to the subpoena, and I knowledgably (and with just a little bit of experience) estimated the cost at about $25-35 tops. I also pointed out that the entitlement is conferred and capped by statute, as it is in every state of which I’m aware, regardless of whether the account agreement says it can be higher by ten-fold. If a bank can respond to a subpoena styled as I proposed and do it adequately and still make a profit, I’d like to know how they do it and also avoid minimum wage.

    To Wirelessany1, you’ve has already taken your “levy fee”, so that’s not relevant to responding to a subpoena. However, if it was a wrongful levy, the judgment creditor reimburses the judgment debtor fees, costs and charges. Catch 22. Banks and insurance companies won’t hurt there. They’re like ants; they’ll survive the apocalypse.

    Now I’m finished with this thread regardless. The only real reason for returning to it (since I don’t do “similies”), is that my personal opinion of a bank officer who would not give a customer a simple court name and case number (that was our starting point – remember?) without contemplating charges is a venal, blithering idiot (plus, the response will be different if the average balance is a hi-5 or a lo-3). Fortunately, I’ve yet to encounter one. The bankers I know are intelligent, service-sensitive people, but I wanted the OP to understand how to turn the tables and make it hurt, if it happened. He may not want to spend to do it. I would and try to figure out how to reduce the gene pool as well.

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