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Home > Ask The Get Out of Debt Experts > The Credit Card Company Levied My Bank Account and Took My Student Loan Money. – Lauren

About Michael Bovee

Michael Bovee
  • Smartshopper

    wonder what the deal is when a collection office, ie.. attorneys for creditor place a levy, you call and negotiate and pay the debt as negotiated, they lift the levy from your bank only to replace it back on your account two months later.  Is this not considered harassment?  Consumer fraud ?  Called them again, get told they dont know why this happened but they will email the court officer to have her fax a letter of error to the legal dept of the bank.  This is now going on 2 weeks and one day and I still have this levy issue.  This was wrongly done.  They’ve been paid.  What would you suggest?

    • Fitz

      File suit against them (assuming you can prove the facts you allege). I mean this very seriously. This will continue to happen until this collector takes seriously the need to make sure it’s files are properly handled. Other law firms would be horrified if they made this “mistake”. Collection firms however see it as no big deal. Please find a good FDCPA lawyer and sue these guys. I think it is the only way this behavior can be changed.

      • Smartshopper

        Thank you for your input.  I contacted an FDCPA lawyer and was told that they did not want to take the ‘case’ because the defendant will have a defense saying they did all they were supposed to do… even though they placed the second levy on my account by ‘mistake’ they will say they took the necessary steps to correct it and it wouldnt be their fault that the bank has not lifted the levy.  I guess there is no federal law against ‘mistakes’ ?

      • http://GetOutOfDebt.org Steve Rhode

        Does they bank say they have not received anything?

      • Smartshopper

        yes the bank says nothing was received in the way of a letter of error. In 2 more days it will be 3 weeks that this levy is on my account.  I contacted another law firm and they are still reviewing the document that do, in fact, back up my statement.

      • Smartshopper

        I submitted not only the bank statement showing the 2 levy’s, the letter accepting $1700 to settle the the debt, the judgement paper included with the bank’s notificaton of the second levy, and proof that the $1700 was paid to settle.  They had absolutely no right to levy my account but what I’m finding is that no attorney who handles FDCPA wants to take my case unless they can make a lot of money.. I’m considered inconsequential and small potatoes so they dont want to help. It’s nice living in a world of ‘me me me’ and forget you… that is what I’m finding this to be a situation.  I am telling the truth, I’ve told the truth, the debt is paid, I submit documents verifying my situation.. I am flat out being wronged and in my opinion harassed.  This is an injustice.  The debt collection attorney office said they’d take care of it and they havent.  The court officer said she’d send a letter to remove the levy via fax.  The bank says they have not gotten a thing.  I have had this bank account for over 15 years.  I dont appreciate logging into my account seeing it in the negative due to something that was not legal that was done to my account.  I also dont appreciate not being able to use my bank account.. Someone somewhere has to step up to the plate.  I even called the attorney general’s office and they told me they dont get involved in things of this nature.. ?? um ??? what?  go figure.  it’s like screw me.  I cant get any help.

      • http://GetOutOfDebt.org Steve Rhode

        Go to http://naca.net and find a local consumer attorney to intervene.

        Sounds like you really got screwed over by the bank. Too bad you just can’t sit there while someone from the bank calls the court to confirm.

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