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 money seized from account
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Posted on 12-23-10 8:21 PM     Reply [Subscribe]
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Can a credit card , that has gone to collection can take money out from your personal acount ? My acount has been seized by the Credit Card company , is there anyway I can get the money back ?


 
Posted on 12-24-10 7:37 PM     [Snapshot: 455]     Reply [Subscribe]
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 I dont know your full story but based on what you said No one can take money from your account.
 
Posted on 12-24-10 9:13 PM     [Snapshot: 512]     Reply [Subscribe]
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Nope. they CAN'T take money from your account until they get permission from the court. If you have not been dragged to a court yet, then it is unlikely they have been granted the permission. 
UNLESS, the credit card was issued by the same bank. In that case, there might be a clause in your CC agreement which stated that they can freeze your account in case you dont make your payments. read the agreement.

 
Posted on 12-25-10 9:06 AM     [Snapshot: 700]     Reply [Subscribe]
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Garnish or garnishment must be from court order.


 
Posted on 12-25-10 10:19 AM     [Snapshot: 738]     Reply [Subscribe]
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Only IRS (and in some cases Student Loans guaranteed by federal agency) has the power to enter into bank account.  No one else is authorized to do this. 

There may have been some clause in the Credit Agreement that you need to read.  If you can't find it, call the credit card company and ask why this event has happened.  Tell them that you were not provided with a disclosure.  If they don't understand, send them a legal fax (usually few clauses from Lexis Nexis or West Law) and have fun.  If they want to F with you, then go to Attorney General's website and file a complain with consumer affairs.  After that, they will like to have an opportunity to talk to you and settle with you.

Good Luck!  These things are very simple.  Do NOT ever get intimidated with these types of events.
Last edited: 25-Dec-10 10:19 AM

 
Posted on 12-25-10 11:37 AM     [Snapshot: 790]     Reply [Subscribe]
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Yes they can, 
Yes they can, 

I used to be in MN when this happened, so things could be different
in your state. However law does not changes much in Nature therefore they tend
to resemble across state and national lines.  In other words, the code does changes, however
the wordings and the intended implication tend to remain the same.



The first rule of garnishment is you cannot be garnished
without being served. If they did that call them and tell them that you will be
taking the matters to the court and see what happens.  If they are respectable big firm then you
might get your money back. If you had been served then you are somewhat out of
luck and your chances depend on the following:



 



A)    
If you have a full time job:

If you do then game is over and forget what happened. Served and full time job(with
a paystub-remember cash jobs don’t count as a they can’t prove nuts) = its
legal for them to garnish.



B)     
If you don’t have a full time job (with paystub)
then looks for a free lawyer. What you are looking from the free lawyer is  a credit handbook for your state, and you are
looking in the credit handbook is the minimum criteria for garnishment.  



For Instance, in MN, you could not be
garnished unless you made 40 times the minimum federal wage, i.e.  40 X 5.something.  So anything below this amount used to be
considered as “mare minimum needed to survive” and therefore, could not
garnished and anything above was a fair game.



 



I hope you can make sense of above. Good
luck.



 



Well For me, I used to be a student and
fell under B above. Therefore, called the company and fought and got all my
money back. I even called my bank and told them they authorized an illegal transfer
and got even the back charges back.



 



So, good luck. …..


 
Posted on 12-25-10 11:45 AM     [Snapshot: 823]     Reply [Subscribe]
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there is such thing as statue of limitation for credit card companies ome after you. what's your state and how long has been the loan delinquent?


 


 
Posted on 12-25-10 11:45 AM     [Snapshot: 823]     Reply [Subscribe]
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duplicate post

Last edited: 25-Dec-10 11:45 AM

 
Posted on 12-25-10 11:45 AM     [Snapshot: 823]     Reply [Subscribe]
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there is such thing as statue of limitation for credit card companies ome after you. what's your state and how long has been the loan delinquent?


 


 


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