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  1. #1

    Default Garnishment During Settlement Negotiations

    In the middle of my settlement offer they emptied my bank acct. I offered them a settlement tuesday and the guy said it would take a couple of days to hear back from them and then they took what money I had anyways. Can they do that?

    ~Dave

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Can they do this?

    They already had a judgment against you?

  3. #3
    Join Date
    Dec 2006
    Posts
    2

    Default Re: Can they do this?

    Did they serve papers and a judgement was awarded against you? You HAVE to be informed that you have lost a case in court and ONLY a judgement against you can open up your bank account. This is called a bank levy. What you do is file a writ of exemption (do this quick) A sheriff probably showed up at your bank and seized this account. It is not in your hands or their hands, but in limbo right now until YOU write why seizing this was wrong. And the law gives you many reasons to insert. Then as soon as this is done, the credit company has to respond indicating that they are willing to go to court. If not, you have to get everything they seized back. If it's a credit company or collections that seized it, chances are they'll balk at going to court. Goliath hates to fight David...makes 'em look bad, plus it costs a lot of money. And they'll continue to harrass you, but you can get your money back if you just fight for it. It will take a long time for everything to clear back to you though. Good luck.

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