bank account hold

[a2019]

What is the name of your state? California
I recently had a hold placed on my bank account for a credit card debt that's judgment was entered on 8/20/2012, can they do that or is that past statute of limitations?

also, I did not receive any paper work prior to the levy on my account

 

[Ohiogal]

What is the name of your state? California
I recently had a hold placed on my bank account for a credit card debt that's judgment was entered on 8/20/2012, can they do that or is that past statute of limitations?

also, I did not receive any paper work prior to the levy on my account

What paperwork did you want? Notice they would levy your account so you could remove everything?

 

[a2019]

I didn't recall that this debt existed, I guess paperwork in an attempt to collect before it would go to a bank hold

 

[Ohiogal]

I didn't recall that this debt existed, I guess paperwork in an attempt to collect before it would go to a bank hold

Check your credit reports...

 

[quincy]

What is the name of your state? California
I recently had a hold placed on my bank account for a credit card debt that's judgment was entered on 8/20/2012, can they do that or is that past statute of limitations?

also, I did not receive any paper work prior to the levy on my account

There was probably a default judgment entered against you.

 

[a2019]

Quincy, what does a default judgment mean? Also does that mean that statue of limitations doesn't apply?

 

[quincy]

Quincy, what does a default judgment mean?

If you did not respond to a summons and complaint filed against you back in 2012, or appear in court for a scheduled court date, the judge in the hearing can award the creditor a default judgment, essentially saying the creditor's request for damages is approved due to failure on the part of the debtor to dispute the debt.

Judgments last a long time and can be renewed, allowing for the creditor to pursue collection on the judgment using various means - including in most states wage garnishment and the attachment of assets.

 

[a2019]

does that mean that statue of limitations no longer applies, and or is there any way for me to get it to apply?

 

[quincy]

does that mean that statue of limitations no longer applies, and or is there any way for me to get it to apply?

The statute of limitations is the time within which a legal action must be filed. Your creditor apparently filed suit against you within the statutory time limit.

Once a suit is filed and a judgment is granted, the statute of limitations no longer applies - although there is a time limit for renewing a judgment so the creditor can continue collection efforts. Most judgments are originally good for 10 years, with renewal of the judgment required before the judgment expires.

 

[NeilTheCop]

What is the name of your state? California
I recently had a hold placed on my bank account for a credit card debt that's judgment was entered on 8/20/2012, can they do that or is that past statute of limitations?

also, I did not receive any paper work prior to the levy on my account

Reading the handy info from the California courts the creditor is well within his rights to levy your bank account, but to do that he must know your account number and the branch. How did he know?
https://www.courts.ca.gov/1326.htm

 

[quincy]

When you received the notice of the bank account levy from the bank, you have/had 10 days to file with the court a "claim of exemption" for amounts held in your bank account.

Here is a link to claiming exemptions:
https://www.courts.ca.gov/1327.htm#acc13841
I am assuming that you at one time paid on the debt using a check, which provided the judgment creditor with the bank account information necessary for the levy.

You should have been receiving since 2012 correspondence from the creditor that informed you of your default on the credit account for nonpayment, and you should have received a summons and complaint notifying you of the lawsuit filed against you for nonpayment, and you should have received notice from your bank of the levy, used to satisfy the judgment.

If you did not receive any notices at all, or you dispute the legitimacy of the debt, you can consult with an attorney in your area for a personal review. If you agree you owe money to the creditor, however, collection efforts will continue until the debt is paid in full.

Good luck.