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Old 11-21-2012, 08:32 PM
 
Location: On the brink of WWIII
21,088 posts, read 29,242,084 times
Reputation: 7812

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What the hey...I just checked my back account and see it has been "garnished" by Atlantic Credit and Finance.
I have never heard of or from these people and as far as I know I have no current debts pending.
Aren't they obligated to contact me prior to hitting my account(s)? What doi they have to show the bank to be given access to my money?
What recourse do I have?
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Old 11-21-2012, 08:53 PM
 
Location: The Triad
34,100 posts, read 83,032,310 times
Reputation: 43671
Quote:
Originally Posted by zthatzmanz28 View Post
What the hey...
I just checked my back account and see it has been "garnished" by Atlantic Credit and Finance.
What the hey?
Garnished means 1) they went to Court to get a judgment and 2) then sought the garnish order.
These things don't happen without notice.

Quote:
I have never heard of or from these people
and as far as I know I have no current debts pending.
What recourse do I have?
Maybe they have the wrong ZT Hatzmanz? Identity theft or error or something.

Start with asking for a copy of the Court Order from them and from the bank.
Second... drain every penny you can out of that bank immediately.
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Old 11-21-2012, 09:12 PM
 
Location: On the brink of WWIII
21,088 posts, read 29,242,084 times
Reputation: 7812
I just drained all my accounts from the bank. I have not received ANY court orders. All my debt is 10 years old. By state law, after 7 years it is discharged.

I will be contacting Atlantic Credit / Financial on Friday and requesting a copy of any and all papers.

Guess I will also need a lawyer huh?
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Old 11-21-2012, 09:39 PM
 
Location: The Triad
34,100 posts, read 83,032,310 times
Reputation: 43671
Quote:
Originally Posted by zthatzmanz28 View Post
I will be contacting Atlantic Credit / Financial on Friday and requesting a copy of any and all papers.
Guess I will also need a lawyer huh?
Ask the bank for a copy of the **Court Order** as well.
And yeah, having a lawyer to thread the needles will sure come in handy.
They may even be able to get money for their fee from the Credit Company.
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Old 11-21-2012, 09:44 PM
 
Location: On the brink of WWIII
21,088 posts, read 29,242,084 times
Reputation: 7812
Quote:
Originally Posted by MrRational View Post
Ask the bank for a copy of the **Court Order** as well.
And yeah, having a lawyer to thread the needles will sure come in handy.
They may even be able to get money for their fee from the Credit Company.
Going to ask the bank a few questions.

Gues this makes BOYCOTTING BLACK THURSDAY easier since I have NO MONEY...
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Old 11-23-2012, 06:58 AM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,082,104 times
Reputation: 10357
Okay, let's back up here. You said you "just drained" all your accounts from the bank? Does that mean you took out all your money? How much did they garnish, roughly? Also, what state are you in?

What you really need to do is go your local court house and have one of the clerks pull the case file for this. Inside that file there will be a document that will describe how and when they served you. Go over that with a fine tooth comb and see if anything is obviously wrong.

If you can show you were never served, you can have the judgement thrown out.
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Old 11-23-2012, 08:10 AM
 
Location: None of your business
5,466 posts, read 4,426,147 times
Reputation: 1179
Quote:
Originally Posted by zthatzmanz28 View Post
Going to ask the bank a few questions.

Gues this makes BOYCOTTING BLACK THURSDAY easier since I have NO MONEY...
If you have unpaid debt you should not be going shopping. Do the right thing and pay off your debt.

When you borrow money you agree to pay it back to the lender. It is not a right to borrow money, it is an agreement where the company or people you borrow from "trust" that you will do the right thing and pay it back. The times seem to tell us that it's ok not to pay money back but it is really "not cool"

I hope your family and friends know not to lend you money because you will not "honor" your end of the agreement.

Last edited by eRayP; 11-23-2012 at 08:46 AM..
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Old 11-23-2012, 08:32 AM
 
2,719 posts, read 5,361,538 times
Reputation: 6257
If you live in NYC, do a Google search for ACRIS and look up your name. Any documents filed in the County Clerk's office will show up there.
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Old 11-23-2012, 09:00 AM
 
Location: Florida -
10,213 posts, read 14,845,174 times
Reputation: 21848
So, ....you have a 10-year old debt that you could/should pay, but, instead, you believe that a 'statute of limitations' making it impossible for the people you 'promised' to pay - to collect their money from you, ... is better than paying your debt. That is wrong on so many levels; not the least of which is that you are now expressing outrage that your debtors were finally forced to get a court order to force you to pay what you admittedly owe! (If they had served you first, it sounds like you would have done what you did ... 'drain your accounts' before they could get at the money).

Sorry to 'rain on your 'me' parade', but, this is so typical of today's 'entitlement attitude'. One can only wonder how concepts of personal integrity, responsibility and simple doing the right thing ... slipped away so quickly. If this turns out to be a scam, then fight it, but, it sounds like your debtor was less willing to simply 'forget' your 10-year-old promise to pay, -- than you are! If you agreed to pay the money 10-years ago, then 'man-up' and pay it!

Last edited by jghorton; 11-23-2012 at 09:09 AM..
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Old 11-23-2012, 11:01 AM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,082,104 times
Reputation: 10357
Quote:
Originally Posted by eRayP View Post
If you have unpaid debt you should not be going shopping. Do the right thing and pay off your debt.

When you borrow money you agree to pay it back to the lender. It is not a right to borrow money, it is an agreement where the company or people you borrow from "trust" that you will do the right thing and pay it back. The times seem to tell us that it's ok not to pay money back but it is really "not cool"

I hope your family and friends know not to lend you money because you will not "honor" your end of the agreement.
Drop the morality act. This is a legal issue.

Quote:
Originally Posted by jghorton View Post
So, ....you have a 10-year old debt that you could/should pay, but, instead, you believe that a 'statute of limitations' making it impossible for the people you 'promised' to pay - to collect their money from you, ... is better than paying your debt. That is wrong on so many levels; not the least of which is that you are now expressing outrage that your debtors were finally forced to get a court order to force you to pay what you admittedly owe! (If they had served you first, it sounds like you would have done what you did ... 'drain your accounts' before they could get at the money).

Sorry to 'rain on your 'me' parade', but, this is so typical of today's 'entitlement attitude'. One can only wonder how concepts of personal integrity, responsibility and simple doing the right thing ... slipped away so quickly. If this turns out to be a scam, then fight it, but, it sounds like your debtor was less willing to simply 'forget' your 10-year-old promise to pay, -- than you are! If you agreed to pay the money 10-years ago, then 'man-up' and pay it!
Filing suit on a debt with an expired statute of limitations is a violation of federal (and usually state) laws.
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