Seized Bank Account, Help!

[LittleGuyCT]

What is the name of your state? Connecticut

This may be a multi-state question, and it needs a little background, so here goes.

I openned a Providian Credit Card Account approx. 6 years ago, in Maryland. Moved to CT a year later, and then went through a very messy divorce 3 years ago, and kept the Providian CC as one of my liabilities. Bout 2.5 years ago I stopped making payments telling them I was going to declare bankruptcy, which was truthfull at the time.

Went through a reorganization of finances and devided to go to debt management instead. Thought all was fine until yesterday morning. My only bank account that contains all of my monies was seized by Midland Credit. I contacted the phone number provided to my bank, and was told that a 5400.00 lien was in place, and that 2700.00 was the amount owed. Midland bought the Providian debt and is apparantly not bound by the terms of the debt management I arranged earlier. Not only that, but they used a previous NY address that I have not resided in, for over 2 plus years, in order to get a summary judgment against me.

Now they are not returning my phone calls and letting me get tighter and tighter in their vise grips. I dont know what to do. Please help.

Thanks so.

 

[Ladynred]

Is your new address on your credit reports ?? Was it on your reports at the time this judgment happened ? Did Midland pull your credit report prior to the lawsuit ?

If your correct address was on your reports and Midland pulled your credit before the suit, then its reasonable to think they DID have your correct address and deliberately serving you at an old address would be something you could get them for and possibly go after having the judgment vacated. Unfortunately, NY is a 'nail and mail' state - all they have to do is get the summons somewhere near the address and its considered proper service. Call the court where the judgment was rendered and get a copy of the case file. In there will be a proof of service that will tell you when, where, how and to whom (if any) the summons was served. You might be able to appeal the judmgment, even though NY has a 1 year time limit for appeals.

You can also appeal the bank levy, so call the court and see what it is you must do, they might have forms.

If you have automatic deposit into that bank account, stop it NOW. You'll have to go on cash for a while.