Expert: Apex Credit Services, LLC - 11/17/2008

Question
On Saturday, I went to the bank to withdraw money from my checking acct, I asked for my acct balance prior to the withdrawl when to my horror, my acct balance was negative.  When i queried the teller why, she could not give me any information and directed me to the CSR on the floor..she briefly checked the computer and simply stated that she did not know and would have to place a call Monday morning..I returned to my bank on Monday afternoon and still the CSR had no information other than a phone number of a law firm who placed a freeze on my acct for substantially more than the account balance.  I was forced to contact this law firm who due to a lost cell call, transposed the last 4 of my ssn, not once but twice.  They as well had very limited information..I did however let them know that this debt they are attempting to collect is not mine and was told that burden of proof on who's debt it is, is my responsibility and the freeze will not be lifted until I can prove who's it is.  What, if anything can I do?

Answer
Jon:

   They could have only have levied your bank account with a valid court order via a writ of execution from a judgment.  I will presume that you did not receive a Summons.  As such, call the law firm back and ask what court the civil action was filed and what was the docket number was.

   After you obtain that information, you will have to file a Motion to Vacate or Set Aside Judgment since you were never served.

   If you get the judgment vacated or set aside, you can then lift the levy on your account.

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