Collection attorneys can levy bank accounts????

[Rlynne]

PANICPASS

One more thing... If you have money in any bank make you keep the account balance low, or close the account because the low-life collection attorneys will try to levy the account, even if you never were served any court documents. That happened to me. I was flabbergasted when I received the notice of bank levy from the process server but luckily I had no bank account with the bank named on notice of levy. I have no idea where they got the information that I had an account with that bank- probably from some private investigator, who knows. http://www.suijuris.net/forum/banks-...tml#post129296

PanicPass posted this on another thread and it was a shiver me timbers moment. Is this legal, a debt collector can levy your bank account?

[sheisaceo]

Yes, of course. If you are in legal cause with the collection attorney that is. The collection attorney would have had a judgment against you prior.

[PANICPASS]

Originally Posted by Rlynne

PanicPass posted this on another thread and it was a shiver me timbers moment. Is this legal, a debt collector can levy your bank account?

Yes, a debt collector can levy your bank account if it has a court judgment. In my case they did not have a court judgment to levy anything. They threw some papers together and stapled them to a Notice of Levy and gave it to sheriff and process server. I don't know who served it on the bank because there was no signature of the levying officer. All of this happened with the assistance of the court clerks and sheriff's office. There was no court judgment upon which to base a levy. It's kind of a long story but I defended the case to what I thought was the end of the case, but the judge denied all of my motions. I never appealed because there was no point to appeal-- it was a one-sided deal from the start.

[Rlynne]

Originally Posted by PANICPASS

They threw some papers together and stapled them to a Notice of Levy and gave it to sheriff and process server.

My, my all those attorneys did was lived up to the image of their profession as crooks and liars.

Originally Posted by PANICPASS

I don't know who served it on the bank because there was no signature of the levying officer. All of this happened with the assistance of the court clerks and sheriff's office.

No signature on the paperwork, oh you betcha they did it with court clerk's cooperation. No signature means no paper trail to the guilty parties.

[masterduke]

Check your state civil rules regarding this theivery. In Mich. the day the debt attorney obtains a summary judgement order from the court, the debt attorney submits a 'presentment' check to your bank and there it sits for 28 days, without the bank telling you its there, then on day 29 they clean it out! They have that 28 waiting period in place in case the victim actually files an appeal or some other injunction against the summary judgement order. And as an added bonus the bank will dork you with a hefty 'fee'(around a $100+) for this 'service' to your account. Isn't that nice of them??????????

[David Merrill]

Originally Posted by masterduke

Check your state civil rules regarding this theivery. In Mich. the day the debt attorney obtains a summary judgement order from the court, the debt attorney submits a 'presentment' check to your bank and there it sits for 28 days, without the bank telling you its there, then on day 29 they clean it out! They have that 28 waiting period in place in case the victim actually files an appeal or some other injunction against the summary judgement order. And as an added bonus the bank will dork you with a hefty 'fee'(around a $100+) for this 'service' to your account. Isn't that nice of them??????????

There is a brighter side. Suppose your bank has a credit card or line of credit. And like most Americans right now, you are drawn $20K in debt with them. The attorneys at the bank are smart enough in many cases not to divert, even on a judgment because they have just honored a lien above the fiduciary responsibility to the account holder.

In other words, they risk the account holder understanding the bank just fired themselves as bankers while the client still owes $20K. They just said goodbye to $20K in future payments over maybe the $75 they diverted from the account.



Regards,

David Merrill.

[Livefire]

Panicpass,

There something missing to this story. Obviously you were involved in a collections lawsuit of some sort. Without a judgment, the garnishment of funds from your bank is/was a criminal act by the attorney and a complaint should've been filed with the DA. I wouldn't put it past a sleazeball debt collector and a equally sleazy judge to slide some sort of order into the record. You have to watch the docket carefully.

I think I would be reviewing everything carefully and consider a civil suit against the bank for releasing funds to a third party without a proper judgment in place, if that is in fact the case here.

[PANICPASS]

Originally Posted by Livefire

Panicpass,

There something missing to this story. Obviously you were involved in a collections lawsuit of some sort. Without a judgment, the garnishment of funds from your bank is/was a criminal act by the attorney and a complaint should've been filed with the DA. I wouldn't put it past a sleazeball debt collector and a equally sleazy judge to slide some sort of order into the record. You have to watch the docket carefully.

I think I would be reviewing everything carefully and consider a civil suit against the bank for releasing funds to a third party without a proper judgment in place, if that is in fact the case here.

Yes, it was a criminal act. I would have had to file a criminal complaint against the law firm because there were no signatures on the notice of levy. I didn't file a compliant because they didn't get any money--I did not have an account at the bank named on the NOL. I don't know where they got the idea I had an account with Washington Mutual, but I don't have a bank account anywhere. Obviously they were looking for funds and thought they had found some. Just think how many other people they are doing this to-

I refuse to go to the docket to look to see what has been filed. The last time I looked there was a writ of attachment-- and that stressed me out so much I never went back to look at it.

What I couldn't believe was how the court clerks and sheriff willingly helped them- there must have been four different court clerk stamps on the documents starting with the Writ of Attachment. Then there was the sheriff's office, which is inside the court house-- their phone number was on the notice of levy.

The law firm got my message after I received the NOL. I sent them an affidavit about their criminal activities. Of course, I don't trust them as far as I could throw them to not try and pull something else.

[PANICPASS]

Here are the thieves. Their testimonials of course are from their clients:

http://www.patenaudeandfelix.com/testimonial.html

[Livefire]

Originally Posted by Panicpass

I refuse to go to the docket to look to see what has been filed. The last time I looked there was a writ of attachment-- and that stressed me out so much I never went back to look at it.

I understand that you're upset, but you have to know what is on the record if you wish to combat this injustice.

If I were a betting man, I'd bet a judgment was slid into the record. If not, you have been harassed and complaints should be filed with the DA and their illegal activities documented and sent to the attorney discipline board in the state they operate out of! In the case of a judgment, you would have to look to see if it could be voided. Document complicity by every agency when you do this...can we say RICO and I dont mean Suave!!!

Your affidavit without a complaint attached to it isnt worth the paper its printed on. The attorneys probably used it as bird cage liner or a$$wipe after they received it! They dont care what you think or feel, unless you express yourself in a manner that is gonna cost them money or some sort of sanctioning.