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CA freeze and clear bank account?

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S

sitko1

Guest
What is the name of your state? Idaho
Hello, I have a friend that called me today very frantic. Here is what happened.
His wife was being treated by a Chiropractor for a herniated disk for several months. It turns out she had a cyst the size of a football near her ovaries and the pressure of the cyst was causing her back pain. This was realized when she finally went to a real doctor. She had it surgically removed and has not had any back problems since. Well, the Chiro charged them over $1000 for the treatment and they have refused to pay. She has tried contacting the Chiro office in hopes of some type of resolution but, the office has never communicated with her. They did however, turn them into collections. During this time the CA went to court and won a judgement against them. Why they did not dispute or pursue is beyond me. So, now the CA has a court ordered judgement and they call her and ask her for a payment. She agree's to pay $50 with a check by phone. The CA has her account number and routing number and file with the Sheriff's office for a garnishment. They received a letter today from the Sheriff's office stating her wages were to be garnished and also the bank account was to be frozen. They called the bank and sure enough, all of the money was withdrawn.
My question is this, did the CA act deceptive when they called and asked for a payment arrangement and then used the bank information they received to freeze the bank account? Or, is this a regular practice within the industry to ask for payment and then use the information obtained to freeze the account? Thanks for the help in advance.
 


JETX

Senior Member
"did the CA act deceptive when they called and asked for a payment arrangement and then used the bank information they received to freeze the bank account?"
*** Did they in fact do a bank draft PRIOR to the garnishment?? If not, then I believe that their tactics would be in violation of what is called the G-L-B Act. This Act is federal law (15 US Code Section 6821).
"Sec. 6821. - Privacy protection for customer information of financial institutions
(a) Prohibition on obtaining customer information by false pretenses

It shall be a violation of this subchapter for any person to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, customer information of a financial institution relating to another person -
(2) by making a false, fictitious, or fraudulent statement or representation to a customer of a financial institution;"
Source: http://www4.law.cornell.edu/uscode/15/6821.html
 

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