I owe a few hundred dollars to my credit card that I hadn't been able to pay yet because of financial difficulties. I recently received a long overdue check from my previous employer for about half of what I owe for my card. Today I see that my bank account is at $0, I call and find out it was taken by a
I owe a few hundred dollars to my credit card that I hadn't been able to pay yet because of financial difficulties. I recently received a long overdue check from my previous employer for about half of what I owe for my card. Today I see that my bank account is at $0, I call and find out it was taken by a collection agency.
I have to buy groceries, put gas in my car, and pay other bills, I need that money and in my opinion they have NO right taking MY money without my authorization.
Unfortunately I can't call them until tomorrow during business hours.
Is there anything I can do? Do you think I have a chance at getting that money back? Because this is not right, in my opinion.
Vanessa: Ask the bank if the account was "frozen" not just paid out. Collectors will freeze an account while pending adjudication in court. Usually once they have frozen it, you will soon be served a summons to appear.
If you did not receive a summons, and the bank paid out the funds on an illegal seizure then get a lawyer and sue both the collection agency and the bank.
If the collection agency did obtain a default judgment and you were not properly served (sewer summons as mentioned here) then the collection agency violated 15USC1692i of the FDCPA
Hope this answer is of help to you
LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal advice
You reap what you sow. You are 100% responsible for your own misfortune. No one here will have a shred of sympathy for you.
your opinion has no legal status, obviously they had a court order to put a lien on your bank account and any time there was any amount in your bank account they had the right to take it, by court order–which the bank has to honor
if you were not paid what you are owed, got to that person and get the rest to pay your groceries and bills, if this is an employer you can contact the state labor board for the delay in your pay
if this is self employment, you don't have that leverage
Once is gone, no way to get it back.
No you will not be able to get it back. Consider it a hard lesson about keeping up with your expenditures (purchases) and payments.
To do that, they had to have a cout order. The court believes that it has the right to authorize that monrey in your account be taken for whar you owe, without your permission.
Your opinion no longer counts
The company took you to court and you lost.
They have a judgement against you.
You still didn't pay.
The company went back to court, without you being notified (because if you would have been notified you would have hid your money)
They received a court order that allowed them to seize your money
They watched your account until the money was there
Then vava voom… they snatched it.
If you want your opinion to count, pay your bills.
What you can do:
Food banks for food.
Task rabbit for money.
< I need that money and in my opinion they have NO right taking MY money without my authorization >
The only way they can seize your money is with a court order after having sued you and won. If they did, that was their authorization, they didn't need your approval.
Normally someone could not do that unless you dragged out the debt so long that they got a court judgment, which gives them more teeth to seize money from bank accounts (without notifying you) and possibly garnish your wages. The only time you can protest that is if the money came from social security.