What should I do

[doomsday]

What is the name of your state?What is the name of your state? NY
A lawyer collection agency (Cohen and Slamowitz) froze my checking account. I am a college student and had my financial aid directly transfered to my account. I owe capitol one credit card $2,795 ( balance plus Interest since 2000). I am on welfare and have no money. The only money that I had was $1,675 in my account. I am flat broke and can't pay my rent. What should I do? Is there any way that I can get the money unfrozen from my account. I contacted legal aid for advice, but they are out of funds.

[ihatearizona]

Unfortunately, the lawyer must have received a judgment against you for the money you owe Capital One which allowed him to drain your account.

[Ladynred]

Yep, definitely a judgment but the financial aid money is EXEMPT, they cannot keep it. You need to show that the money was from a student loan ASAP. Call the court and find out what you have to do to file the exemption and the appeal. If you wait too long, you WILL lose it and it will be hell getting it back.

[FromNY]

Originally Posted by doomsday

What is the name of your state?What is the name of your state? NY
A lawyer collection agency (Cohen and Slamowitz) froze my checking account. I am a college student and had my financial aid directly transfered to my account. I owe capitol one credit card $2,795 ( balance plus Interest since 2000). I am on welfare and have no money. The only money that I had was $1,675 in my account. I am flat broke and can't pay my rent. What should I do? Is there any way that I can get the money unfrozen from my account. I contacted legal aid for advice, but they are out of funds.

I had the same thing (my account frozen) by another bill collector, and wage garnishment by Cohen and Slamowitz. Unfortunately, you will not see any money before you go to court and have the account released which will take a month or two, and with holidays may be more. For me it took about 5 or 6 weeks before I went to court, and the same day the Judge ordered to unlock my account, and for Salomon to stop the garnishment for the other account. They restrained my account on October 1, on November 10 I had the court and I went to my bank with the court order afterwards. So Nov. 11 my account was free.

In the court, I agreed with the lawyer who was representing both MEL HARRIS (those who had frozen my account), and Cohen/Slamowitz. I did not come to an agreement with the lawyer for Slamowitz, so I have another court date, which I asked the clerk to give as late as possible and he did, so Slamowitz can wait until March to see me. In the meantime, the other one, MEL HARRIS (the account freezer) withdrew more than twice the amount I agreed to pay in January as full settlement in the court. Now I have to run after them to get my money back from those debt collectors.

So, if you are in Manhattan here’s what to do: As soon as you can (tomorrow morning) go to 111 Centre Street, and there go to see the clerk. They will give you the appropriate forms (show cause) to file. On that form write that this is your student money and you need it back. Some of those assistant clerks are nice and answer your questions and help you. Then the clerk will give you a court date. Also, make sure you look at your account to see how much they have withdrawn from your account, and take your statement with you.

[doomsday]

Originally Posted by Ladynred

Yep, definitely a judgment but the financial aid money is EXEMPT, they cannot keep it. You need to show that the money was from a student loan ASAP. Call the court and find out what you have to do to file the exemption and the appeal. If you wait too long, you WILL lose it and it will be hell getting it back.

Thanks

[doomsday]

Originally Posted by FromNY

I had the same thing (my account frozen) by another bill collector, and wage garnishment by Cohen and Slamowitz. Unfortunately, you will not see any money before you go to court and have the account released which will take a month or two, and with holidays may be more. For me it took about 5 or 6 weeks before I went to court, and the same day the Judge ordered to unlock my account, and for Salomon to stop the garnishment for the other account. They restrained my account on October 1, on November 10 I had the court and I went to my bank with the court order afterwards. So Nov. 11 my account was free.

In the court, I agreed with the lawyer who was representing both MEL HARRIS (those who had frozen my account), and Cohen/Slamowitz. I did not come to an agreement with the lawyer for Slamowitz, so I have another court date, which I asked the clerk to give as late as possible and he did, so Slamowitz can wait until March to see me. In the meantime, the other one, MEL HARRIS (the account freezer) withdrew more than twice the amount I agreed to pay in January as full settlement in the court. Now I have to run after them to get my money back from those debt collectors.

So, if you are in Manhattan here’s what to do: As soon as you can (tomorrow morning) go to 111 Centre Street, and there go to see the clerk. They will give you the appropriate forms (show cause) to file. On that form write that this is your student money and you need it back. Some of those assistant clerks are nice and answer your questions and help you. Then the clerk will give you a court date. Also, make sure you look at your account to see how much they have withdrawn from your account, and take your statement with you.

Thanks

[doomsday]

Originally Posted by FromNY

I had the same thing (my account frozen) by another bill collector, and wage garnishment by Cohen and Slamowitz. Unfortunately, you will not see any money before you go to court and have the account released which will take a month or two, and with holidays may be more. For me it took about 5 or 6 weeks before I went to court, and the same day the Judge ordered to unlock my account, and for Salomon to stop the garnishment for the other account. They restrained my account on October 1, on November 10 I had the court and I went to my bank with the court order afterwards. So Nov. 11 my account was free.

In the court, I agreed with the lawyer who was representing both MEL HARRIS (those who had frozen my account), and Cohen/Slamowitz. I did not come to an agreement with the lawyer for Slamowitz, so I have another court date, which I asked the clerk to give as late as possible and he did, so Slamowitz can wait until March to see me. In the meantime, the other one, MEL HARRIS (the account freezer) withdrew more than twice the amount I agreed to pay in January as full settlement in the court. Now I have to run after them to get my money back from those debt collectors.

So, if you are in Manhattan here’s what to do: As soon as you can (tomorrow morning) go to 111 Centre Street, and there go to see the clerk. They will give you the appropriate forms (show cause) to file. On that form write that this is your student money and you need it back. Some of those assistant clerks are nice and answer your questions and help you. Then the clerk will give you a court date. Also, make sure you look at your account to see how much they have withdrawn from your account, and take your statement with you.

Thanks