Bank Account Garnishment question

[Julianna1962]

Bank Account Garnishment question *UPDATE NEED HELP AGAIN*

What is the name of your state? AL

I had a judgement filed against me, and I had been making monthly payments to try to pay it off, but then my dad got very sick and died, and I had to help my mom pay for the funeral, and also help her with her medical bills, and I fell behind in my payments. I logged into my bank account online today to find out they had put a garnishment against my checking account. I am panicking, not only because I have a car payment, phone bill, etc. pending that is going to bounce, but because I can't come up with that much money at one time. My question is once is progresses to this point, is it too late to call the attorneys and try to work out a payment plan? I am more than willing to let them make direct withdrawals every month, it's not that I dont want to pay, I just got in a bind and got in a mess. Once the garnishment is attached, is it too late to have it reversed? This was done I guess friday night, so it isn't even showing on my ledger balance yet, only my available balance. I am about to have a nervous breakdown so ANY help or advice would be appreciated. Thanks.

 

[Ladynred]

You HAD an agreement, you breached it, so they took the next step figuring you weren't going to pay any more. You should have contacted them to let them know that you weren't going to be able to make the scheduled payments, they might have worked with you. Now, they may not.

You CAN appeal the bank levy, call the courthouse first thing Monday morning and find out what forms etc. you need. A motion to quash is probably what you're going to need.

Even if you get a new hearing, they're not going to release your funds in time to keep your transactions from bouncing.

 

[Julianna1962]

I know it's probably too little too late, but I plan on calling the attorneys office tomorrow and trying to work out a payment plan where they have my permission to automatically deduct the payment each month. I'm taking full responsibility, and I know that even though I barely knew right from left that is no excuse. I just wonder if I offer to do this is there any chance they would rescend the bank account garnishment? And if they dont, during the time my account is frozen if I go to cash a check is the bank required to keep it too? I am not the type person that wants to find a way out of paying the debt. I've read on here several times that they use this as a wake up call...well it has worked for me. I want this debt paid off as soon as possible, I just dont want everything I've paid up to this point out of those funds to bounce. Any advice from anyone on here from past experience or any attorneys with an idea? Thanks in advance, I"m still panicking here.

 

[Julianna1962]

Update: I called the attorney's office today and they told me they can't stop the garnishment, but they will only take what is in my account as of July 9. They set me up on a payment plan, and considering I got myself into this mess, they were very nice and very willing to work something out. She also told me if I had called and explained my situation to them they would have set my payments low enough so I could have still paid them. My advice...ALWAYS call. I had to learn my lesson the hard way but it will never happen to me again. Thanks to all who gave me advice during the weekend when I was scared to death.

 

[Julianna1962]

Another update

I posted this back in June, just thought I'd update for those that might be going through something similar now. I was scared to death then and thought my world was about to fall apart. I honestly didnt know what I was going to do. Since then, I worked out an agreement to pay off the debt, and I've been making double payments. I also cleaned up some other small debts that I had let get behind when my dad died. It's been almost 4 months, but I'm finally at a place where I can see the light at the end of the tunnel. It hasn't been easy because I've taken every dime I've made and paid it towards them, but I never ever want to go through anything like that again. I never wanted to run away from the debt, I was fully aware that I made a commitment to pay it, and I learned a hard lesson. I guess I just wanted to post this for those that are panicking right now like I was. The best way to handle it is to take responsiblity for it, and start finding a solution to get the debts paid off. It will get better, it won't be easy, and you will have to do do without some things, but it is worth it. I can finally sleep at night without getting up during the night to check my bank account and make sure all my money is still there!

 

[TigerD]

Great! congrats.

Getting through the issues can be tough, but now it is going to get a lot better fast.

DC

 

[Julianna1962]

Big Setback

I had just posted that things were looking up for me, well that came to an abrupt halt today. I had contacted the attorney's office that garnished my bank account and set up a payment plan to get it paid off. I have been early on every payment, however over the weekend I got my payment for this month back, saying it had been turned back over the client, and gave me a number to call. I called the client, which is Providian, and explained to them that I had been on a payment plan, and explained what happened, and was told that they were not going to set up a repayment plan, that they want the entire amount right now. I explained that there was no way I could do that, that I understood that I owe the money and I want to pay it back but there is no way I can come up with all of it at one time. She was very cut and dried with me, and told me that was my only option. In the opinion of those in the know on here, would it do me any good to call and try to speak with someone else? I don't know what I'm going to do, every dime I have right now is going towards trying to catch things up. I have been so proud of myself for taking responsiblity for getting behind and doing the right thing, now this. Any advice from anyone? I'm sitting here shaking.

 

[Julianna1962]

*bump* anyone?

 

[Ladynred]

was told that they were not going to set up a repayment plan, that they want the entire amount right now.

Ok, typical response from Providian. Once you go delinquent you're in default and they can and do accelerate the account to 'full amount due NOW'

Arguing with the rep will get you nowhere, they're programmed to hear and respond to only 1 thing - your bank account number so they can drain your bank account dry. No other rep there is going to give you any other answer.

You can try writing them a letter with your payment plan, but don't expect them to jump at accepting it. I would continue to send them the same payments you were sending the attorney. I'd be willing to bet every check gets cashed.

 

[Julianna1962]

Ok, typical response from Providian. Once you go delinquent you're in default and they can and do accelerate the account to 'full amount due NOW'

Arguing with the rep will get you nowhere, they're programmed to hear and respond to only 1 thing - your bank account number so they can drain your bank account dry. No other rep there is going to give you any other answer.

You can try writing them a letter with your payment plan, but don't expect them to jump at accepting it. I would continue to send them the same payments you were sending the attorney. I'd be willing to bet every check gets cashed.

What can they do to me if I just continue to send payments? The thing that scares me the most is that they will freeze my bank account again. Can they do this if i"m making regular payment?

 

[Julianna1962]

Bump..yet another question

I paid this debt off in full after it was turned back over to Providian, and now I cannot get them to satisfy the judgement. The actual company I was dealing with was not Providian, but one of their agents or something. They say that they can't satisfy the judgement since they didn't file it, the attorney's firm did. When I call the firm that actually filed it, they say they can't satisfy it because they don't have any proof that the debt has been paid. So I'm in a big catch 22 situation. I want this marked satisfed and I really don't know what to do at this point. Any suggestions??

 

[TigerD]

I paid this debt off in full after it was turned back over to Providian, and now I cannot get them to satisfy the judgement. The actual company I was dealing with was not Providian, but one of their agents or something. They say that they can't satisfy the judgement since they didn't file it, the attorney's firm did. When I call the firm that actually filed it, they say they can't satisfy it because they don't have any proof that the debt has been paid. So I'm in a big catch 22 situation. I want this marked satisfed and I really don't know what to do at this point. Any suggestions??

Do you have proof it was paid in full?

 

[Ladynred]

Exactly.. if you can show the lawfirm proof you paid it in full, you can get somewhere.

 

[K'Ta]

Way to go! Isn't that a spectacular feeling?