Bank Account Frozen Over An 8 Yr Old Cell Phone Bill

[infinevol]

New York State - Kings County

Here's my situation approximately 8 years (1995) ago I had a cell phone bill that I was disputing and service was eventually was cut off, I'd had heard nothing further and assumed they had just written the account off. Now I learn this past week supposedly they served me with papers 2 years (1997) later at my work address and home address that they had for me on record. I never received either of these judgements against me. And now this past week August 19th to be exact I was trying to access my bank account and was denied. I contacted my bank and they informed me that there was a levy on my accounts. They gave me a number to call and it was to an attorney's office. Which turned out to be for this old bill. At the time the bill was for $700 and now they are demanding $2,200. They refused to make any type of arrangements with me and demanded I release my entire bank account to them. I tried to explain to the attorney that there was only a total of $600 in the account anyway and offered to go on a payment plan with them, anything to get access to my bank account again as my weekly transportation back and forth to work is $100 and without access to my account there would be no way I could get to work, not even to mention my other bills. Needless to say they were not willing to make any type of payment arrangements with me and they never notified me to say hey you have this account you need to make arrangements with us or we are going to freeze your bank account. Now I've gone and I filed an order to show cause, I have a court date this Thursday the 28th. Is there any advice you can give me. Are they allowed to freeze my bank account with contacting me to make arrangements, by the way the judgement describes the efforts that were made and proves that I was never served with these papers some 6 almost 7 years ago. Any advice you can give me will be greatly appreciated as I'm going in unrepresented. Thanks

 

[stephenk]

you owed the company $600 and you thought it would just go away?

You mention that the judgment details their attempts to serve you and that it proves you were never served. Were you living and working at the addresses at the time they were attempting to serve you? do you still live and work at those same addresses? Does the paperwork claim they completed substituted service on someone at your residence and/or workplace?

they do not have to give you notice that they are attaching an asset (bank account). If they gave you notice, you would just empty the account, right?

 

[infinevol]

After that amount of time I thought it had been just dissoved from the info on my credit report, it said "Charge Off". The work address they served was the main office and I worked at a branch location so I never received it and the home address they served I no longer lived at and the judgement states it was returned undeliverable. No I don't live at the same addresses, it doesnt claim they substituted service either. My point is if they can find my bank account they can find me and warn me if you don't contact us in whatever time frame we will in fact garnish your wages or freeze your bank account. No I wouldn't close my bank account I've had that account for 7 years. I am more than willing to pay them in installments I don't have $2,200 to pay them in one lump sum.

 

[stephenk]

you need to go to the courthouse and get a copy of the case file. they could not have obtained a judgment without serving you in some manner. If they couldnt locate you they probably served you by publication.

it may be too late to do anything about the judgment if service was deemed proper.

 

[infinevol]

you need to go to the courthouse and get a copy of the case file. they could not have obtained a judgment without serving you in some manner. If they couldnt locate you they probably served you by publication.

it may be too late to do anything about the judgment if service was deemed proper.


I requested a copy of the judgement against me from the attornery, is this different from the case file? she faxed it to me that's the first time I'd seen it and that's when I went to the court to file a show cause. I agree that I do owe the money and I am more than willing to go on a payment plan. I have no intentions of running from it, if they found my bank account they can surely find where I work and garnish my wages, I just want access to my account so I can pay rent, student loans and my other bills. Is it usual for actions to be taken this far after a judgement? The date was 5/97. My main objective for going to court this Thursday is for the judge to force them to agree to payment arrangements with me. I never wanted it to go this far. Do you think this is possible?

 

[stephenk]

go to the courthouse where the file is kept and request to look at the court file. Find out how they served you and obtained a judgment.

Your motion will most likely fail. The other side cant be forced to accept payments.

 

[cobra2599]

US law states that the debt must be removed after 7 years from credit reports

If they have a judgement that you were never servered on sue them in small claims court for breaking the law by not serving you

Sue them for the amount they claim you owe

And if i remember right there is a motion you can file within that same court to order your bank to remove the hold on your account

I am not a lawyer so dont take my word as stone but this may help you ask the right questions to the clerk of the court there to get the paperwork you need

New York State - Kings County

Here's my situation approximately 8 years (1995) ago I had a cell phone bill that I was disputing and service was eventually was cut off, I'd had heard nothing further and assumed they had just written the account off. Now I learn this past week supposedly they served me with papers 2 years (1997) later at my work address and home address that they had for me on record. I never received either of these judgements against me. And now this past week August 19th to be exact I was trying to access my bank account and was denied. I contacted my bank and they informed me that there was a levy on my accounts. They gave me a number to call and it was to an attorney's office. Which turned out to be for this old bill. At the time the bill was for $700 and now they are demanding $2,200. They refused to make any type of arrangements with me and demanded I release my entire bank account to them. I tried to explain to the attorney that there was only a total of $600 in the account anyway and offered to go on a payment plan with them, anything to get access to my bank account again as my weekly transportation back and forth to work is $100 and without access to my account there would be no way I could get to work, not even to mention my other bills. Needless to say they were not willing to make any type of payment arrangements with me and they never notified me to say hey you have this account you need to make arrangements with us or we are going to freeze your bank account. Now I've gone and I filed an order to show cause, I have a court date this Thursday the 28th. Is there any advice you can give me. Are they allowed to freeze my bank account with contacting me to make arrangements, by the way the judgement describes the efforts that were made and proves that I was never served with these papers some 6 almost 7 years ago. Any advice you can give me will be greatly appreciated as I'm going in unrepresented. Thanks

 

[Dandy Don]

Don't try to handle this matter without the assistance of an attorney, perhaps a business law attorney or one who specializes in debt/credit and collections law.

The company and the bank erred in taking money out of your account--there is a statue of limitations in your state that prevents the collection company from pursuing this matter, and they are in violation of federal law (something called the Fair Debt Credit Act or something like that). The collections attorney can tell you what the penalties are and how you should pursue it--there may be a way to do it outside of court, but he can also advise what to do if you want to go to court. Don't just retain the first attorney you talk to--interview several until you have found one that specializes in this area of the law.

 

[panzertanker]

Don't try to handle this matter without the assistance of an attorney, perhaps a business law attorney or one who specializes in debt/credit and collections law.

The company and the bank erred in taking money out of your account--there is a statue of limitations in your state that prevents the collection company from pursuing this matter, and they are in violation of federal law (something called the Fair Debt Credit Act or something like that). The collections attorney can tell you what the penalties are and how you should pursue it--there may be a way to do it outside of court, but he can also advise what to do if you want to go to court. Don't just retain the first attorney you talk to--interview several until you have found one that specializes in this area of the law.

A. This post is 3 years old
B. The OP had a JUDGEMENT against them....That is legal to collect after the 7 year FDCPA timeline. This is not a debt, rather, it is a judgement.

 

[gawm]

A. This post is 3 years old

Maybe he'll post back and let us know how it turned out for him.