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About Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

You are here: Experts > Business > Corporate Law > Collections Law > credit levy

Collections Law - credit levy

Expert: Creditwrench - 11/1/2009

Question
I am a life long resident of Southern, CA. In early 2004 I was hospitalized for a prolonged time period, lost my place of residence as well as my belongings and ended up living in a board and care facility. I was also deemed to be permanently disabled and placed on SSI. During the time I was in the hospital, they sent a legal financial representative to speak with me. He asked me about any debts I might have etc. He told me not to worry, unless I heard anything further, that the debts would be taken care of, charged off. I filed a change of address form with the post office, while still in the hospital and had all my mail forwarded to a post office box that I have had for over 10 years. This is the same post office box that my checks are imprinted with, the same checks that I have always used to pay all my debts. Imagine my shock and horror when on Oct. 28th 2009 I found that this same checking account had been emptied out except for $1.00 the result of a levy from a credit card company. Of course this levy caused a cascade affect of bounced checks and fees. I had no idea what was going on! I was finally able to find out that ENTIRELY without my knowledge from Sept. 2004 thru Feb. 2005 I had apparently been taken to court, sued, and had a Default Judgement entered against me. Then the credit card company chose to sit on the judgement until Sept. 2009 before returning to court and under the case type: Collections (Limited Jurisdiction) having apx. $3330. in interest added on to the judgement, using a Writ of Execution and again without my knowledge. It was only after they had this interest added on that they chose to levy the same checking account that they had knowledge of the entire time. The same one that had an address on it that they could have used at any time to contact me. How can this company lawfully take me to court repeatedly and obtain a judgement WITHOUT ever contacting me? How is it then lawful for them to wait almost 5 years before filing a levy against an account they have always known about? The bank has told me that I have 21 days to prevent them from obtaining my money now being held for the levy judgement. The bank was served on Oct. 21st so there is little time left. Since the amount they obtained was far less then the over $10,000.00 they were after does that mean they can continually have more interest added on? Can they just keep getting another levy each month? Are they able to go after any real property that I may have as well as my bank account? Will I ever be able to have money in a bank account again without worrying? Better yet do you have any suggestions in solving this matter? I live FAR below the poverty line and the only money I have is from a much cut SSI check so there is absolutely no way to pay off their judgement. Would it help if I declared bankruptcy? Not that I have the funds to do so. I am trying to locate a free legal aid service that doesn't require a lengthy drive or a long wait in line, because of my health but I haven't been able to locate one near Long Beach, CA. Also do you know of any ways to make sure there are no further unknown judgements out there? How can anyone justify an apparent law that allows a person's bank account to be emptied of everything but $1.00? This levy took rent, medicine and food money from me as well as adversely affecting my health. I guess no one cares any more about anyone as long as they get what they consider to be their fair share. Thank you for taking the time and effort to read this and for any advise you may have.

Answer

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As much as it might surprise you to have me say so I surely do wish that had happened to me. Here is why. It is illegal for them to even threaten to take SSI pension money, much less do it. Since it is illegal under federal law they also violated the CA Rosenthal Act so I'd get to sue them twice. Once at the state level and once at the federal level and I wouldn't even need a lawyer to do it. I'd get my court costs and attorney fees, my money back, the judgment vacated and damages on top of that. I'd make them take it off my credit reports too and pay all those bank fees I was charged for the bounced checks they caused me and any other hardships as well. You can do the same and you don't even need a lawyer to do it. All you have to do is learn how to prepare your papers and file them and that is what I do. I teach people how to win in court without lawyers. It isn't hard at all. I'm sorry that happened to you as it has to lots of elderly people. It causes them a real hardship indeed.

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