Bank levy for credit card debt

Have you been sued, lost, and had a judgement entered against you? What sort of debt is this connected with, and whodunnit?

It's a credit card company. I lost 1/3 of my income last summer and had to either stop paying my credit cards of mortgage. I recived a letter months ago in the mail but never received a summons with a court date.

The problem here is they took my whole paycheck and now I am left with 0 to live on. On top if that I can't pay my mortgage or even buy food. I don't get paid for another two weeks. I called the Sheriffs office this morning and they are to busy to help me until this afternoon. Government employees!! Anyway, what the woman did tell me is that I need to contact the attorney and if I cant get a resolution there they will then give me the information I need to appeal this. I don't think they are allowed to destitute a person...

What you need to do is contact the cc company attorney ASAP! This is the only way to get the levy lifted. They may require you to pay it off in lump sum before they lift the levy.

You probably were served a summons by mail and missed the court date. In your absence, the company was probably granted a default judgement and then came the bank levy. This usually takes awhile, so look over any mail you received in the last 8-6 months.


Do you have more than one bank account? Or do you have an account at a different bank?

I can't pay anything as this is the only money I have. I literally live paycheck to paycheck. Is there no way to bring this before the judge as creating an extreme hardhsip which could result in homelessnes for me and my children?

We live in NJ.

Thanks

bea2ls should be able to help.the rules of service vary by state.she should be able to clarify the rules for NJ.

You might want to look into getting your payroll dept to stop your direct deposit and issue you live checks untill this is resolved.

Hang in there help is on the way ;)

that is so true cool abyss.great point.

Contact your HR dept. immediately and get the direct deposit stopped. Tell them you've been a victim of fraud, whatever. That happened to me when I was in deep doo-doo with the pay day loans. They issued me a paper check until I was able to open a new account. But you need to do it ASAP so they have time to stop it.

Yes, I did that this morning. Luckily,I am friend with the payroll/HR person in my office so she will let me know if anything comes in about me.

Thanks for all your replies, I don't feel as isolated anymore.

still waiting on bea2ls.i'm suspecting you weren't served.therefore you might be able to have this whole thing vacated,and the account and any monies made available due to improper service,but i want bea2ls take on this being in NJ herself.

Hey :) i am sorry i did not see this before.. what company is this and what attorney is this? the sheriff's office cannot do anything without the attorney's request so they cannot help you too much anyway to be honest. i would call superior court in NJ to see if there was ever a summons for you, they can also see what and when the judgement said. however with levies, i am pretty sure that the deft does not have to be notified. i know that is unfair but it seems to work that way. and sadly if they have a court order they can and will take whatever they want. you can file a hardship but i am not sure if they will give you back what they took.
the problem with stopping direct deposit is that this appears to be a bank levy which means that even if you manually deposit your check, they can still come back in and take whatver is in your account. it only costs them a dollar something to do this each time. so if you do have a live check, i would go to a cash check cashing place (normally i hate those but this might call for it) and than carry cash. another bank will not help because they will be able to find a different account number.
I am going to PM you with more information.

Thanks Bea

I will not use this account again. Will just have to deal with cash for awhile. I am considering filing a BK Chaper 13 but I can't afford an attorney so I'm not sure what to do at this time. I don't know who this is from or the attorney yet as the Sheriffs office was "busy" when I called and I have to call back this afternoon.

I was under the impression that I had 21 days to go before the judge and request a hardship since this was my whole paycheck. Also, I read somewhere that there was a $1000.oo execmption on personal property so a party would not be left destitute.

can the bank tell you where this is from? i know the offices are backed up because of superior court has a back log of several months but it is unacceptable that they are too busy to provide you with basic information. i would call back and ask to speak to the chief clerk, who is head of the office. you need this information, you need answers, this is not right.

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Ok, I found out they, Chase, apparantly seved my 14 year old son last December. I knew nothing about this. I am going to file a motion to vacate. It's worth a try since I just need to file a form. When they ask the judge to releast the money to them I will write a letter of objection based on the hardship this has created. I cant beleive the court would want to destitute a family for a credit card company. Hopefully they will give me back some or all of the money. Any thoughts?

Look into your state's rules of civil procedure to see what constitutes valid service. In some states, service must be to an adult residing at that address. If that's the case where you are, then serving your minor child would constitute defective service. That would be grounds to vacate the judgement.

How would a CC company serve a minor for debt. He is under the age to apply for a credit card. What state are you in again?

i do not like check cashes places neither, i forgot wal mart now cashes them, thanks unc :)

cool and unc, in NJ they can serve someone 14 years or older. i sent the poster a PM but will say again here that i would file for a hardship and a motion to vacate. i also would ask for the return of service, which would prove if it were really served or not.

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i know, cool - it seems unfair that someone that young can sign but that is how it is here :(

Thanks to all of you for your help. And my son does not remember this at all. Saying that, like most 14 year old boys in NJ unless it involves him, the Yankees or the Giants he could care less.

Bea, I will request a proof of service and I will file those motions this week. Still have alot of research to do. I spent 9 months modifying my mortgage by myself and now this!! Couldn't do this without all your help !

Best of luck!!

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i agree, modifiying a mortgage by yourself is no easy feat! best of luck and keep us updated! :)

I know this, they can't serve a 14 yr old; it is an improper service.

Sorry, I didnt see second page... need better glasses. It is unreal that a 14 yr old can be legally served in that state...

i know, i do not think i agree with it neither but they can legally allow them to.. my guess is because they are more likely to be home during buisness hours but it still does not seem fair..

Actually sounds like a form of mental child abuse to me induced by the collection agency; like a 14 yr old needs to know any of this stuff and worry about it.

though i disagree with it, cailly i do see that it is pretty effective.. the chances of an actual child signing for it is pretty rare, they always ask for the defendant first than kind of go down the line. the child can refuse to sign for it, anyone can really.. they make up to six attempts to sign for the papers. it is not always credit cards for summons, it is normally regular lawsuits, but for divorce papers the actual defendant has to sign - no teenagers, or anyone else allowed to.
i do not agree with it but since they do not serve papers past 5 pm most people rather have their family sign for it than have the sheriff or process servers show up at work to personally serve them.

Ok, since I was here last, I filed a Chapter 7. Yesterday the law clerk for the judge who issued the judgement and bank levy asked that I file a motion to vacate the judgement. They don;t seem to know about the Chapter 7 yet. Does anyone know what filing the 7 will do to the money frozen in my bank account? Chase had not requeste the money as of today. It's been 3 weeks....

I filled out a motion to vacate but don't know weather I shoud file it or not.

Thanks

is there anything else holding you back besides this? my concern would be that they would just find another way to come after you if you do not file but i really cannot confirm an answer for this. hang tight.