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Judgement haunts me 5 years later

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S

SLeepr

Guest
What is the name of your state? California

I recently went to my bank to find that $800 had disappeared from my account. When I called the bank, they informed me that a levy had been placed against my account. Upon further review, I was able to determine that the levy was from a judgement from over 5 years ago.

Initially, I received a summons to appear concerning the case. Instead of seeking legal advice, I decided to show up for my court date. Of course, the case had already been closed and I had a default judgement against me. I was notified that I needed to contact someone within 10 days of receiving the summons if I wanted to appear in court. From that point forward, I was supposed to make arrangements with the law firm to resolve the debt.

Granted I made a big mistake and am not discounting that whatsoever, I never heard one word from these folks after the fact. I did not receive a mail, phone, etc...from either the law firm or the bank. My account was just emptied. When I called the law office, they informed me that I would have access to my account again in 7-10 days, after the inital withdraw was made. When they checked my personal information (phone number, address), they had information that was nearly 8-years old. I'm surprised that they were able to get current banking account information but not have my current address or phone number. I have since made payment arrangements to resolve the debt. However, I wrote several checks against the existing balance that have now bounced. My bank has assessed several overdraft fees which I was unable to have reversed.

I understand my obligation to pay this debt and I have every intent to do so. But, I don't feel that they should be able to take action without any attept to contact me otherwise. Also, is there any way to recover the overdraft fees I've accumulated?
 


cmorris

Member
You had a judgment against you and a bank account with non-exempt funds. You do not have any recourse and the bank fees are yours to fix.
 

Ladynred

Senior Member
Exactly CMorris. They have a judgment and you knew it. They don't need to notify you of an impending bank levy otherwise you've move the money out of it - and the whole point for them is to get paid. You should have taken care of this a long time ago, the unpaid judgment is sitting there accruing interest ON TOP of what you already owed !! Judgments in CA are good for TEN YEARS, so it wasn't going to go away.
 

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