LONG STORY sorry for the details

[IndianaHelpNeed]

What is the name of your state (only U.S. law)? Indiana

Sorry for the long story I will try and keep it short and sweet.

Worked for Employer..... moved on to a new job, after three months employer began paying me again by direct deposit...randomly

Direct deposit was being made into my ex wives and I joint bank account which was being used for child support payments, and of which i had no access post divorce. So I was unaware of the payments being made until about four months in.

Overall the amount overpaid was 19,000+. Most of it was used in regular monthly expenses. No trips to bermuda etc...

I emailed the employer twice in an attempt to get them to stop paying me. Their payroll company said they weren't, so my emails went on to be ignored by my former employer.

About 8 months later, one of the owners left me a threatening voicemail (I was in jury duty ironically) "Hey _______, I know you know why I am calling, and I need to have a phone call back from you today or I will call the police". Needless to say I called him back told him I hd been made aware after the fact, and asked for 48 hours to review my finances to let him know what I could pay him back. Less then 10 hours later, he emailed me saying "If you want to play hardball, forget it, I will just have my lawyers deal with it". ???

A judgment was filed, and my roommate who's name is the same as mine, signed for the "order to appear" and never gave it to me because he assumed it was for him. So I had a default judgment against me.....yay. Since that time I have not missed one court date.

They initially made a settlement offer (via their lawyers, who BTW my legal representation at the time called "sharks" and said they are known for toeing the line in their collections attempts often crossing it) and I agreed to it, but their attorneys said their "client" rejected that settlement offer, despite it being THEIR offer.

Cut to, now, and they have forced my two roommates out by garnishing their rent, forcing me out of my home because of it, I have four children, and have now included my ex wife in the case, and have a freeze on her bank account and are threatening garnishment of her as well, causing a rift in what was a pretty good co-parenting relationship.

I can no longer afford legal representation, so I am doing everything on my own, and with my LegalShield. which is why I am here.

I feel harassed to the point of being unable to support myself and now I feel as if they are harassing my ex wife as well.

Garnishment allows for 25% of wages, yet they can freeze her ENTIRE bank account? and why aren't they freezing mine?

At what point does it cross a line, or do I have a legal standing to stop some of these procedures. I have offered the same settlement to them AGAIN but as their attorney doesn't EVER respond to emails or phone calls, I doubt it will ever even be acknowledged.

Any help anyone can offer is appreciated. I have never doubted the debt, nor have I run from it. I am working my a$$ off to pay it back and simply need some advice. Thanks

T

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana

Sorry for the long story I will try and keep it short and sweet.

Worked for Employer..... moved on to a new job, after three months employer began paying me again by direct deposit...randomly

Direct deposit was being made into my ex wives and I joint bank account which was being used for child support payments, and of which i had no access post divorce. So I was unaware of the payments being made until about four months in.

Overall the amount overpaid was 19,000+. Most of it was used in regular monthly expenses. No trips to bermuda etc...

I emailed the employer twice in an attempt to get them to stop paying me. Their payroll company said they weren't, so my emails went on to be ignored by my former employer.

About 8 months later, one of the owners left me a threatening voicemail (I was in jury duty ironically) "Hey _______, I know you know why I am calling, and I need to have a phone call back from you today or I will call the police". Needless to say I called him back told him I hd been made aware after the fact, and asked for 48 hours to review my finances to let him know what I could pay him back. Less then 10 hours later, he emailed me saying "If you want to play hardball, forget it, I will just have my lawyers deal with it". ???

A judgment was filed, and my roommate who's name is the same as mine, signed for the "order to appear" and never gave it to me because he assumed it was for him. So I had a default judgment against me.....yay. Since that time I have not missed one court date.

They initially made a settlement offer (via their lawyers, who BTW my legal representation at the time called "sharks" and said they are known for toeing the line in their collections attempts often crossing it) and I agreed to it, but their attorneys said their "client" rejected that settlement offer, despite it being THEIR offer.

Cut to, now, and they have forced my two roommates out by garnishing their rent, forcing me out of my home because of it, I have four children, and have now included my ex wife in the case, and have a freeze on her bank account and are threatening garnishment of her as well, causing a rift in what was a pretty good co-parenting relationship.

I can no longer afford legal representation, so I am doing everything on my own, and with my LegalShield. which is why I am here.

I feel harassed to the point of being unable to support myself and now I feel as if they are harassing my ex wife as well.

Garnishment allows for 25% of wages, yet they can freeze her ENTIRE bank account? and why aren't they freezing mine?

At what point does it cross a line, or do I have a legal standing to stop some of these procedures. I have offered the same settlement to them AGAIN but as their attorney doesn't EVER respond to emails or phone calls, I doubt it will ever even be acknowledged.

Any help anyone can offer is appreciated. I have never doubted the debt, nor have I run from it. I am working my a$$ off to pay it back and simply need some advice. Thanks

T

Are the actually freezing your ex-wife's bank account, or are they freezing an account that also has your name on it? Was your ex-wife made a party to the judgment or is the judgment only against you?

Your ex certainly needs to re-direct her paychecks elsewhere and you need to stop depositing child support in that bank account.

 

[IndianaHelpNeed]

The freeze is on her personal account without any tie to me. The other account has since been closed and there is not longer anything joint.

One more item of note. They had initially frozen that account that we both shared. Then upon a request and proof to them that I was paying child support and that we were divorced they free'd it. Now, she was added as a plaintiff to the judgment, not sure why or how, but ok... so... there is that.

 

[justalayman]

I suspect that since you disavowed any knowledge or control of the joint account, where the improper deposits were being sent to, it was determined that your ex in fact was the recipient of the errant payments and as such, it would then be proper to seize the employers money that resides in her account.



If she has an issue with that, she needs to file to have the seizure rescinded.

Now, she was added as a plaintiff to the judgment, not sure why or how, but ok... so... there is that.

Oh, that explains it right there. Freezing her account is a preemptive measure to ensure she does not withdraw the money in the account. If she is found liable for the money, the plaintiff will then take action to actually take the money. As it stands, they have not taken it but merely frozen the account.

 

[TigerD]

A judgment was filed, and my roommate who's name is the same as mine, signed for the "order to appear" and never gave it to me because he assumed it was for him.

I wouldn't believe this story either.

DC

 

[IndianaHelpNeed]

I wouldn't believe this story either.

DC

First name, perhaps I should have said that.

And he went on record to state this fact. so its legal record.

 

[Dave1952]

So what happened to all of this money? It goes into the child support account and then what? Are you current on your child support?

 

[IndianaHelpNeed]

So what happened to all of this money? It goes into the child support account and then what? Are you current on your child support?

Two things. One, it was used to pay bills apparently. and Two, yes, but I don't understand the relevance of that question.

 

[LdiJ]

Two things. One, it was used to pay bills apparently. and Two, yes, but I don't understand the relevance of that question.

The relevance of that question was because your ex had to have noticed that the amounts going into the account were greater than the child support...therefore why didn't she say something? If they were direct deposits it says who is depositing the money, so why didn't she question it? If you were still working for that company and had arrears, that could be a reason why she didn't question the extra money. If you were not in arrears and she knew you no longer worked for the company, then she should not have spent it.

 

[Dave1952]

It's hard to believe that your ex did not know that the deposits in this account exceeded your obligations to her and the kids. Did she question you about these deposits? It's not surprising that your old employer expects her to return the money that was mistakenly sent to this account. She needs to negotiate a payment plan, if at all possible.

 

[TigerD]

First name, perhaps I should have said that.

And he went on record to state this fact. so its legal record.

You do know they put last names on those things for a reason, right?

I don't believe this story either.

DC

 

[Silverplum]

His other thread contains a mention of his friend, an elite athlete/illegal immigrant.

 

[IndianaHelpNeed]

His other thread contains a mention of his friend, an elite athlete/illegal immigrant.

Again, relevance?

Also with regards to my mention of my former roommate with the same first name as me. I can't vouch for his experience with legal issues prior. I don't even know what he did with the notice.

Also, if I was going to avoid it, why would I be participating in the proceedings ever since the once was missed?

I don't feel like I need to prove anything to you, so perhaps we can just assume that the facts I give you are what is legally documented in the case notes, because they are, and maybe work on the possibility of giving me advice on THAT? If you don't "believe this story", then don't respond. Im not asking you to be the judge and jury, just simply looking for some advice.

AGAIN, all of my points are clearly documented by their attorneys, and in legal court documents. So shall we continue from there please? Thank you.

 

[TigerD]

Again, relevance?

1. We don't know you. You need not shady the story for any reason. We don't care.
2. If the story is not believable to us, it probably isn't going to pass muster in court either. Judges are pretty smart folks.

Also with regards to my mention of my former roommate with the same first name as me. I can't vouch for his experience with legal issues prior. I don't even know what he did with the notice. ... Also, if I was going to avoid it, why would I be participating in the proceedings ever since the once was missed?

Happens all the time. Debtors realize that collector are serious once accounts are levied, family pets taken and sold (did that once* - it was awesome *The debtor paid before the dog was sold and he got it back), cars are towed and sold by the sheriff, or other enforcement actions are taken.

I don't feel like I need to prove anything to you, so perhaps we can just assume that the facts I give you are what is legally documented in the case notes, because they are, and maybe work on the possibility of giving me advice on THAT?

Well, okay. While we are at it in fantasy land, we don't we just assume you won too?

If you don't "believe this story", then don't respond. Im not asking you to be the judge and jury, just simply looking for some advice.

Since you asked: Best advice -- grab your checkbook and pay your debt.

AGAIN, all of my points are clearly documented by their attorneys, and in legal court documents. So shall we continue from there please? Thank you.

Sure. So what? Your points are meaningless.
1. $19,000 that didn't belong to you was deposited into the account belonging to you and your wife.
2. The money was spent.
3. You and your wife stole $19,000. (I'm surprised there wasn't a criminal investigation.)
4. You were asked to return the money and you did not.
5. They sued you.
6. You failed to appear and defaulted. (Yes, you have an excuse. From your thread, I imagine you make a lot of excuses throughout the week. Here's the deal - it doesn't matter. Unless you have a valid reason to ask the court to set aside the verdict, you have already lost.)
7. They are actively enforcing their judgment.
8. Your ex is a co-defendant (you said plaintiff, but that doesn't make sense - you meant defendant)
9. They have seized her account and are pursuing garnishment.

Not a single point you discussed is relevant to the process at this point. The only thing you can do -- other than pay your debt -- is to seek to have the judgment set aside for lack of service. But, your service is likely good. It isn't the creditor's fault your roommate screwed you. Take that up with him.

You could have done something at 2, 3, 4, 5, or 6. Now you just have to pay.

DC