Without offering too much detail, many of you know I have been sued, have judgments, and have survived several wage garnishments. One of my judgment creditors who sued me and was paid off through wage garnishment sent a check in the mail to me. It is a significant amount. There was literally no explanation as to why the check was sent. I traced the routing number and called the credit card company's ACH/banking department to inquire about the check. They told me they simply issued checks via their division of accounts payable. They could not tell me why the check was issued. After thinking about this for the past couple of days, I finally decided to call the credit card division and ask about the check. They immediately found my defaulted accounts and accounts that have been through collection attorneys. They then informed me that the check was issued because the amount paid exceeded the amount owed. They clearely stated the check was a refund due to over-payment. Since I continue to be skeptical of all C companies, I recorded the call and took copious notes and even inquired into my other accounts that defaulted. The customer service agent filled me in on all the details related to the remaining defaulted accounts, and when I asked if I could cash the check I received, she clearly stated, "That check is for over-payment on the account that had a judgment against it. I can do whatever I wish with the check."
Still ever skeptical, I made a few calls, did some google searches, and got some mixed messages. I finally called the legal firm that sued me on the creditor's behalf. As I should have guessed, they knew nothing about any over-payment. They only forwarded the wage garnishments to the creditor until the judgment was satisfied. The attorney did ask if I had received the "satisfaction of judgment" they had filed with my local court. I did receive this. The legal firm's take seemed to be that the creditor finally got around to closing their books on the closed account and the garnishment amount received exceeded the amount owed. It seems that the bottom line for me is that this account was closed and I have a legal document stating the debt was satisfied. Any over-payment legally belongs to me.
I called the creditor back one more time to verify that the check is bonifide and is mine to cash. They seemed miffed that I called again. They did state, one more time, that the funds were issued to me as over-payment on the closed account.
The end of the story is I took the check to my bank and had them do a bit of research. They responded that the routing number and account number were valid and when they ran the check through the electronic system, the check "cleared." I am still skeptical and parked the cash in a safe place.
Has anyone ever heard of such strange behavior after an account has been satisfied through a judgment? Am I just too skeptical about national CC companies, who in my experience, have several hands that don't know what the other hands are up to?
I wonder if the difference between what was owed on the account when it closed and the interest tacked on by the collection attorney is the amount I have been refunded. In other words, the last information on the CC company's books did not include any post-charge off interest. Therefore their system showed the debt satisfied and they refunded the additional amount.
Other ideas? (Other than keep the funds in a safe place.)
Still ever skeptical, I made a few calls, did some google searches, and got some mixed messages. I finally called the legal firm that sued me on the creditor's behalf. As I should have guessed, they knew nothing about any over-payment. They only forwarded the wage garnishments to the creditor until the judgment was satisfied. The attorney did ask if I had received the "satisfaction of judgment" they had filed with my local court. I did receive this. The legal firm's take seemed to be that the creditor finally got around to closing their books on the closed account and the garnishment amount received exceeded the amount owed. It seems that the bottom line for me is that this account was closed and I have a legal document stating the debt was satisfied. Any over-payment legally belongs to me.
I called the creditor back one more time to verify that the check is bonifide and is mine to cash. They seemed miffed that I called again. They did state, one more time, that the funds were issued to me as over-payment on the closed account.
The end of the story is I took the check to my bank and had them do a bit of research. They responded that the routing number and account number were valid and when they ran the check through the electronic system, the check "cleared." I am still skeptical and parked the cash in a safe place.
Has anyone ever heard of such strange behavior after an account has been satisfied through a judgment? Am I just too skeptical about national CC companies, who in my experience, have several hands that don't know what the other hands are up to?
I wonder if the difference between what was owed on the account when it closed and the interest tacked on by the collection attorney is the amount I have been refunded. In other words, the last information on the CC company's books did not include any post-charge off interest. Therefore their system showed the debt satisfied and they refunded the additional amount.
Other ideas? (Other than keep the funds in a safe place.)
MAKE SURE AND VISIT Tobee's Blogs! 
Comment