Hello - here is my short story. I contacted a 3rd party debt company in regards to an old defaulted credit card with the up to date balance being $6745. I set up a payment plan of $1500 down and $250 monthly. As soon as i gave the check over the phone they pulled the $1500 out of my account as planned. Because there was a judgment against me for the amount last year, they instantly put a legal hold on my bank account and withdrew the $6745 - emptying my bank account. So, not only did they take the $1500 as part of the payment plan, they also took the full amount owed. Is it legal for them to take more money than they are owed? And how can I get the $1500 back which they should not have?
Well, "lessons learned", this is why you never give out personal banking information. And, get everything in writing. But to your case, you will now have to take them to court. You should easily win the $1,500.00 back. Whether you can get them to revert to the telephone agreement will be another issue. You will have to show that an agreement was entered into (as described). What helps your case is that they took the $1,500.00 as a separate transaction, then the $6,745.00. Check with your local court, see what the limitis for small claims court. I'm sure you're under it at $1,500.00. You may be able to sue for a breach of contract as well. Whether a judge would overturn a full judgement is shaky at best. So, take them to court immediately, gather up all your bank records, and I hope you made good notes of your telephone conversation regarding this payment agreement.
Thanks...and definitely a lessoned learned. Is there anyone I can contact as to trying to get the $1500 back? The CA is saying that they Fed Exd a stop of the garnishment and are saying the Sherrifs took the money. Should I contact the Court where the legal action took place? Is taking the CA to court my only option now?
First, get the facts (as best you can); speak to your bank, and inquire as to whom took the money (CA or Sherrif?) Find out who took which amount out also. Once you have the money withdrawal facts, speak to the CA, you may avoid court. If they directly "wire" the money back to your account, great.. But, also do not overlook the detail of documenting this agreement; remember "burn me once..."
Who was this CA? What state are you in? NEVER ever give someone access to your accounts. Also when you ever settle with a JDB, ALWAYS get a bank check or money order from a bank that you do not do business with, preferably in another town, so they will not have it so easy to get which bank or banks you have accounts in should the need arise in the future. Woofer
The CA is PMGI, LLC, and they are working through the Law firm of Kenosian & Miele. The $1500 check that was electronically taken from my bank account has PMGI, LLC stamped on the back, so I am guessing it went to them. The $6745 was taken out by The Orange County sheriffs as it states on the paperwork from my bank...the sheriffs are the levying officer. When I call CA PMGI and inquire about the original $1500, they say it is out of their hands and that once the Sheriffs get all the money they should see the overpayment and reimburse my $1500. It's like waiting for the government to go through all the paperwork. Does this seem likely? Should I try and contact the sheriffs? Who the hell do I call to get my money back?
The OC was FINANCE? Make sure you leave nothing in that account,better yet forget about that account, as once they have it you are not safe. never believe anything they have to say and cya. Now have you gone to court to get this order removed? Woofer
They have their money. At this point I don't care about the order...I just want the $1500 back they now owe me. Who do you suggest I contact? The Sheriffs, the CA who are no help, the courts???
Contact the CA and the Sheriff's office, as these two are tied together. It's highly unlikely that the Sheriff's office got your bank account info w/o the aid of the CA. Ask the Sheriff's office exactly where the money went, follow the paper trail. My bet is that it went to a CA, maybe not the current one, but to a CA somewhere. Review the judgement paperwork again, who brought the suit, and on whose behalf? I do not think you will have to go to court to get your money back, but you will have to put in some legwork. Keep us informed, and post any other questions you may have. Good Luck..
Just wanted to say I am sorry your having to go through that. They are dirty dogs! OMG! That was underhanded. I hope you & your family are weathering this ok, something that that could cause extreme financial hardship. Goes to show, NEVER trust a CA, never. It's CA's like that that give them all a bad name. I hope things get better for you soon. Tegleg
