Levy removed by order of judge, but money taken not returned by debt collector

[FromNY]

What is the name of your state?What is the name of your state? NY

Happy Thanksgiving to all.

I have several debt problems, but I start by one here. Of course, I went to clerk’s office after consulting with your site and a post in October (Thank You), went to court and agreed in front of the Judge to pay $1,224 on January 1, 2005 for everything that MEL HARRIS (a debt collector and law firm as they say) was claiming which was $2,004.74.

They had put a levy on my bank account on October 1. On October 4 they have withdrawn $2,004.74 and on October 25 they have withdrawn 192.41, which is a total of $2,197.15, which is more than what they claimed.

The court day was November 10, 2004. The Judge ordered the release of my bank account, as well as the return of the monies they had withdrawn. As of today November 24, I have not seen any money from them.

I am not sure what to do. But I thought of writing a letter to them and requesting my money. I have written this letter, do you think this is the right thing to do? Or should I do something else. Thank you for your advice (I will need more advice as I have 3 other cases like this):

To:
Nancy Wasseistein, Attorney for
MEL S. HARRIS
116 John Street, Suite 1510
New York, NY 10038

Date: Wednesday, November 24, 2004

Re: Mel Harris/ Index number
MEL HARRIS has not returned the monies they withdrew from my bank account

Dear Nancy Weissestein:

This letter is to inform you that as of today November 24, 2004; I have not received the monies withdrawn by MEL HARRIS from my bank account. As you noticed, I signed an agreement to pay the amount of $1,124 for any and all monies they are claiming with regard to Chase Manhattan; based on the order of the Judge that MEL HARRIS returns all the monies.

According to my bank Mel Harris has withdrawn $2,004.74 on 10/4/2004 and $192.41 on 10/25, 2004; which is a total of $2197.15; and to date nothing has been sent to me, nor to my account.

This is a request to IMMEDIATELY return this money to me, which was the money for my rent and other expenses. Unless and until I receive this amount in full, my agreement with you is cancelled as MEL HARRIS has not respected the Court’s Order to return my money.

I expect to receive a response from you before December 7, 2004; with the return of $2,197.15. If I do not hear from you by that date, I will take the action necessary through my legal counsel not only for this amount, but for violation of Fair Credit Collection Practices, the levy fee that my bank has charged me, as well as all the charges for my checks that were returned during the restriction of my account, and the fees I am paying to those who deposited my checks that bounced.

Thank you for your immediate attention to this letter.

Sincerely,
Etc.
CC: Federal Trade Commission (with letter of complaint for unfair collection procedures)
Better Business Bureau (with letter of complaint)
New York Attorney General (with letter of complaint)


Thank you very much again for your help
FromNY

 

[stevek3]

What is the name of your state?What is the name of your state? NY

Happy Thanksgiving to all.

I have several debt problems, but I start by one here. Of course, I went to clerk’s office after consulting with your site and a post in October (Thank You), went to court and agreed in front of the Judge to pay $1,224 on January 1, 2005 for everything that MEL HARRIS (a debt collector and law firm as they say) was claiming which was $2,004.74.

They had put a levy on my bank account on October 1. On October 4 they have withdrawn $2,004.74 and on October 25 they have withdrawn 192.41, which is a total of $2,197.15, which is more than what they claimed.

The court day was November 10, 2004. The Judge ordered the release of my bank account, as well as the return of the monies they had withdrawn. As of today November 24, I have not seen any money from them.

I am not sure what to do. But I thought of writing a letter to them and requesting my money. I have written this letter, do you think this is the right thing to do? Or should I do something else. Thank you for your advice (I will need more advice as I have 3 other cases like this):

To:
Nancy Wasseistein, Attorney for
MEL S. HARRIS
116 John Street, Suite 1510
New York, NY 10038

Date: Wednesday, November 24, 2004

Re: Mel Harris/ Index number
MEL HARRIS has not returned the monies they withdrew from my bank account

Dear Nancy Weissestein:

This letter is to inform you that as of today November 24, 2004; I have not received the monies withdrawn by MEL HARRIS from my bank account. As you noticed, I signed an agreement to pay the amount of $1,124 for any and all monies they are claiming with regard to Chase Manhattan; based on the order of the Judge that MEL HARRIS returns all the monies.

According to my bank Mel Harris has withdrawn $2,004.74 on 10/4/2004 and $192.41 on 10/25, 2004; which is a total of $2197.15; and to date nothing has been sent to me, nor to my account.

This is a request to IMMEDIATELY return this money to me, which was the money for my rent and other expenses. Unless and until I receive this amount in full, my agreement with you is cancelled as MEL HARRIS has not respected the Court’s Order to return my money.

I expect to receive a response from you before December 7, 2004; with the return of $2,197.15. If I do not hear from you by that date, I will take the action necessary through my legal counsel not only for this amount, but for violation of Fair Credit Collection Practices, the levy fee that my bank has charged me, as well as all the charges for my checks that were returned during the restriction of my account, and the fees I am paying to those who deposited my checks that bounced.

Thank you for your immediate attention to this letter.

Sincerely,
Etc.
CC: Federal Trade Commission (with letter of complaint for unfair collection procedures)
Better Business Bureau (with letter of complaint)
New York Attorney General (with letter of complaint)


Thank you very much again for your help
FromNY

You'll get the money back. I don't want to say you're being "pushy," but you'll get it soon. Either the court clerk still has the money and the clerk will be sending it to you, or the firm just hasn't gotten around to cutting a check and mailing it to you. Either way, you certainly don't need anybody's help here. If you haven't received it by the first week of December, then I'd say there's a problem, but not one that can't be easily resolved. Also, no matter what, be aware they are not liable for one cent of the resulting bank fees and whatever other charges you got nailed with. So forget about that.

 

[FromNY]

You'll get the money back. I don't want to say you're being "pushy," but you'll get it soon. Either the court clerk still has the money and the clerk will be sending it to you, or the firm just hasn't gotten around to cutting a check and mailing it to you. Either way, you certainly don't need anybody's help here. If you haven't received it by the first week of December, then I'd say there's a problem, but not one that can't be easily resolved. Also, no matter what, be aware they are not liable for one cent of the resulting bank fees and whatever other charges you got nailed with. So forget about that.

Thank you Steve. Well, you lose the notion of timing with these people, so you become pushy like them. Since you think it is being pushy, I will wait until the end of this month before sending them a letter. As I am moving from New York next month, I want to take care of these things as much as I can.

I will bring you my other cases. I have 3 more court cases, aie aie, aie (At least I am able and willing to take care of them now).

Thanks again.
FromNY