I hate these people

[discombob1]

Aaargh. A creditor got a garnishment and froze my account. I filed four days later and personally called the law firm representing this junk debt buyer. They took their sweet time and I had to file an objection with the court to get them to release the garnishment.

Because the court took a week to mail it, my bank released the funds. At the advice of several wonderful people here, I sent a firm but polite letter informing them that they are in receipt of funds sent during the automatic stay.

I got a condescending response today in the mail: they are claiming they never got it. What liars. I called my bank tonight and they confirmed that it was electronically sent to the junk debt buyer. Now I have to go to a branch tomorrow to get proof in writing that the tranfer was made to them on such and such a date.

What jerks.

[Nicollette]

Do you mind me asking what junk debt buyer did this to you?

[discombob1]

H.E.K. Acceptance. If I remember correctly, it was originally Chase but I'd have to check my records.

[shark66]

From my (thankfully) limited experience, Chase has the tendency of selling debts to the absolute lowest of lows when it comes to junk debt buyers. I can't help but believe that such a practice exists with a reason of putting former clients through maximum amount of grief imaginable...

The good side of these experiences is that it makes a lot easier for one to file BK...with no regrets or ethical dilemmae...

My $0.02 only...

[discombob1]

I think you are right shark. I think possibly they are giving me the runaround because I am pro se. Sorry boys... I have nothing better to do than nail your lying, slimy behinds!

Seriously, I am lucky to have a flexible job that allows me to run out and deal with this stuff. I can't imagine what others go through. It's not worth paying an attorney because I'd spend as much if not more in fees to get it back. It's just the principle of it!

[Bell30656]

It's real simple... The JDB is just trying to get you to jump through a few hoops because, well you screwed Chase over on a debt... They purchased the debt and want to make a profit. The hope of the JDB is that you won't bother to pursue it far enough to get the money back.

Now, from your post you say that the garnishment occurred PRIOR to your filing. Better check your state laws on that one because if I was looking for ways to get your money, my objection would be that money was seized before you filed but the bank just hadn't mailed the check. This is a prime example of why I didn't allow any of my creditors to get a default or summary judgment against me and instead filed every piece of nuisance answer or petition that I could delaying proceedings until I was ready to file.

[GoingDown]

[QUOTE=Bell30656;478113]It's real simple... The JDB is just trying to get you to jump through a few hoops because, well you screwed Chase over on a debt... They purchased the debt and want to make a profit. The hope of the JDB is that you won't bother to pursue it far enough to get the money back.

Now, from your post you say that the garnishment occurred PRIOR to your filing. Better check your state laws on that one because if I was looking for ways to get your money, my objection would be that money was seized before you filed but the bank just hadn't mailed the check. This is a prime example of why I didn't allow any of my creditors to get a default or summary judgment against me and instead filed every piece of nuisance answer or petition that I could delaying proceedings until I was ready to file.[/QUOTE]

That is definitely one way of handling it.

Another way is if someone files a lawsuit against you, go to a strictly cash basis. Don't use a bank for checking or savings accounts. They aren't safe once you get a judgment against you.

I've been using nothing but cash and pre-paid debit cards for years now, and I never have to worry about my money being seized by a creditor. And as a bonus, I spend A LOT LESS now than I did when I used credit cards, checks, etc. When I have to part with cash, I think before I spend, and I no longer do impulse buying, and since I only just have a little bit of cash on me at any time, if I start spending too much money, I just run out of cash and have to stop spending money.

[discombob1]

It's real simple... The JDB is just trying to get you to jump through a few hoops because, well you screwed Chase over on a debt... They purchased the debt and want to make a profit. The hope of the JDB is that you won't bother to pursue it far enough to get the money back.

Now, from your post you say that the garnishment occurred PRIOR to your filing. Better check your state laws on that one because if I was looking for ways to get your money, my objection would be that money was seized before you filed but the bank just hadn't mailed the check. This is a prime example of why I didn't allow any of my creditors to get a default or summary judgment against me and instead filed every piece of nuisance answer or petition that I could delaying proceedings until I was ready to file.

Attorney friend says the order I have granting release of the garnishment takes precedence. They can argue however they want, they received funds after a court order was entered and during the automatic stay.

[Flamingo]

It's possible the JDB did not receive the electronic transfer from your bank. Just have your bank provide you with proof they sent it and to what account and verification that it was received on the other side and that should take care of the entire matter for you. Now you know why lots of people don't go pro se and why attorney's fees are so high...

[catleg]

If it's over $600 you can also get the trustee to order them to pay it back to you as a preferential payment. Assuming you have an exemption to cover it.