bank attachments process

[kdk2005]

What is the name of your state? Ohio

I have a judgment against me for several thousand dollars. It's in my name only. I own no property, so the CA is left with bank attachment or wage ganishment. I've managed to hold them off of the latter, but they did freeze my checking account. I guess in Ohio they can only have the amount that was in the account at the moment of the attachment.

My questions are about the process of the attachment:

1) How do they find the accounts? Do they send a letter to every bank in the area or do they look up my credit report and go from there?

2) After they receive the check for the funds that were there ($650 and change) would they have to get another attachment to take more?

3) When the funds are sent to the CA, is it a check with my account info on it? Can they then use the routing information to drain my account themselves?

4) Should I get a new account? Will another bank even take me?

5) I couldn't get the CA to work with me on the interest charges. The principal is $3000, but the debt is old and the interest is $10,000! Is there any hope of whittling the latter down to a manageable amount?

I have made payment arrangements with the CA to their satisfaction. However, my health situation is very precarious and I fear I won't be able continue to meet the obligation.

Thank you for your time. Sorry the post is so long

 

[Ladynred]

If the debt is that old.. why the hell did you let them win the judgment in the first place ?? How OLD is 'old' ??

1) How do they find the accounts? Do they send a letter to every bank in the area or do they look up my credit report and go from there?

There are various methods, but your bank account isn't on your credit report. Its quite likely they called every bank in a 20 mile radius and asked if you had an account there. Its also likely that they got your account info from a check you did send to the creditor for a payment.

2) After they receive the check for the funds that were there ($650 and change) would they have to get another attachment to take more?

Depends on state law. Some states make it a one-shot deal, meant to be a smack in the head for you to wake up and pay up. They would have to file another levy to do it again. Other states allow the levy to stay there for a long time.

3) When the funds are sent to the CA, is it a check with my account info on it? Can they then use the routing information to drain my account themselves?

They don't need the bank routing number once they've found you, they already have all that. I have no idea how the bank turns over the funds, but they cannot just drain your account at will unless the levy allows them to do it whenever money goes in there.

4) Should I get a new account? Will another bank even take me?

If you want your money, yes, get a new account, but they could just as easily find the new account. Will a new bank take you ? Hard to say.. if your credit is shot they may not. If you're not in ChexSystems, you might be ok.

5) I couldn't get the CA to work with me on the interest charges. The principal is $3000, but the debt is old and the interest is $10,000! Is there any hope of whittling the latter down to a manageable amount?

Probably not, but you can try to negotiate a settlement. Just keep in mind that the judgment ITSELF accrues interest, so the actual amount of the TOTAL debt will be higher in the end.