Tax refund!!!!

[jaycee85501]

My wife and I filed and got around 3700 back in refund... had it direct deposited and the day it was deposited one of our credit cards drew 4000 out?? so if you owe any one have your tax refund mailed to you..

we finaly filed yesterday.

[dbryan6821]

I feel your pain. Same thing happened to us. They took $5300 out of our account the day we filed bankruptcy. Will we get any of it back?

[daxtell]

how can this happen? did the credit card company have a judgment against you and then a lien against your bank account after that? i thought this was the only way someone could have access to your bank account was if they had a judgment and then the court petitioned you for your bank information afterwards? Thus you would know beforehand not to have anything in there.

[dbryan6821]

We were served March of 2010 and worked out a payment agreement. Then we quit paying in December and never heard another word. Until our account was emptied.

[vicmost]

Cross-collateralization, don't put your money into any institution that you owe money. They will take it!

[dbryan6821]

Our money was in a totally different bank.

[helpmeout]

Our money was in a totally different bank.

Did they have a court order? Chances are, you aren't going to get that money back. But the credit card company probably won't end up with it, either. Be sure to list the tax refund and what happened to it when you file. I would make sure to file before 90 days is up. This way, the Trustee will go after the credit card company for the money if there was no court order that allowed them to do that. I don't know what the Trustee will or can do if there was a court order.

[tobee43]

helpmeout is making the correct point here....the credit card company MUST have had a judgment against you and then put a lien on your bank account...you should have been notified both by certified mail and regular mail....


except if you are from nj...LOL!!!!!!! we had that done in the past and the judges grant judgments without proper notification to the creditor...so your state may be the same...although it's NOT suppose to be "legal"...but there are no watch dogs protecting anyone against these types of practices.

[dbryan6821]

We are in Georgia. We had paid our laywer the same day they emptied our account. We are just waiting to go back and sign our paperwork.
I have found online that they did have a judgement but again we have still not been notified and the judgement was made Feb 4th.

[keepsmiling]

Tobee, dh insists that here in NJyou must be notified of a judgment. How can you find out if there is one against you?

[dneil]

One of my credit card companies took our return and our attorney got the money back. It was $600.00

[dbryan6821]

Did they have a court order? Chances are, you aren't going to get that money back. But the credit card company probably won't end up with it, either. Be sure to list the tax refund and what happened to it when you file. I would make sure to file before 90 days is up. This way, the Trustee will go after the credit card company for the money if there was no court order that allowed them to do that. I don't know what the Trustee will or can do if there was a court order.

We are new to all of this but if we don't get the money back and the credit card company doesn't get it who will get it?

[Lissy]

We are new to all of this but if we don't get the money back and the credit card company doesn't get it who will get it?

The Trustee will keep it and distribute it amongst all of your creditors according to the provisions of your confirmed plan. Did you tell your lawyer about this? If not, that's the first thing you should do.

[dbryan6821]

The Trustee will keep it and distribute it amongst all of your creditors according to the provisions of your confirmed plan. Did you tell your lawyer about this? If not, that's the first thing you should do.

Thanks Lissy. That is refreshing to know. That is the first thing we did was tell our lawyer. I just hope the lawyer can get our paperwork filed quickly.

[99lawdog99]

It doesn't sound like the trustee took it it sounds like the creditor did. Trustee's don't usually garnish bank accounts, they usually ask for the money and if you don't give it to them they dismiss your case.