Collection agency took all the money from my bank account!

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Latest post Mon, Jul 29 2013 3:44 PM by ca19lawyer2. 6 replies.
  • Fri, Jul 26 2013 9:11 PM

    • brandijean
      Consumer
    • Not Ranked
    • Joined on Sat, Jul 27 2013
    • WA
    • Posts 1

    Collection agency took all the money from my bank account!

    Hi, a collection just took all my money from my bank account ($3800), but they never sent me a court summons. Since I first got sued by them (May 2013) I have tried calling them and leaving messages to set up a payment plan, but have never been able to get ahold of anyone or gotten any calls back. Is it legal for them to take all my money without ever sending me a court summons?

  • Fri, Jul 26 2013 9:14 PM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on Sat, Jan 1 2005
    • CA
    • Posts 6,190

    Re: Collection agency took all the money from my bank account!

    They could not have done this without a court judgment against..

    You need to go down to the court house and get a copy of your file so that you can figure out what happened.

    Pay particular attention to the affivadit of service.

    You may be able to get the judgment against you vacated if service was improper, but you are flying blind until you find out what is in your court case file.

  • Fri, Jul 26 2013 10:13 PM In reply to

    Re: Collection agency took all the money from my bank account!

    brandijean:
    they never sent me a court summons. Since I first got sued by them (May 2013)

    If you were never sent a court summons how did you know they were suing you back in May?  Were you served prior to May?

    brandijean:
    I have tried calling them and leaving messages to set up a payment plan, but have never been able to get ahold of anyone or gotten any calls back.

    Once they filed suit they are under no obligation to set up a payment plan or speak to you until court.  Most collection agencies will not set up payment plans because if you ignored them up until the point they filed suit why would you pay now?

    brandijean:
    Is it legal for them to take all my money without ever sending me a court summons?

    If they filed suit and you were served in May then you had to answer the original summons and go to court.  If you did not file an answer and did not show up the day of the scheduled court date then they got a default judgment and that allows them to ask the court for an order for garnishment.  

    As Kivi said get a copy of everything that is in the court file but if you were properly served in May and did not answer and/or go to court there may be nothing that you can do to get this money back.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Sat, Jul 27 2013 12:46 AM In reply to

    Re: Collection agency took all the money from my bank account!

    Here's the WA statute that addresses the procedure for garnishing bank accounts:

    http://apps.leg.wa.gov/RCW/default.aspx?cite=6.27

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sat, Jul 27 2013 1:14 AM In reply to

    Re: Collection agency took all the money from my bank account!

    brandijean:
    Hi, a collection just took all my money from my bank account ($3800), but they never sent me a court summons. Since I first got sued by them (May 2013) I have tried calling them and leaving messages to set up a payment plan, but have never been able to get ahold of anyone or gotten any calls back. Is it legal for them to take all my money without ever sending me a court summons?

    Before the creditor could get the writ of garnishment (or whatever it's called in your state) to attach the bank account, it had to first get a court judgment against you. That means the creditor had to sue you, and the first step in that process is filing the complaint with the court and then serving you with a summons and copy of the complaint. So, the creditor had to have served you, or at least told the court that it did. 

    You knew back in May that you had been sued. How did you find that out if it wasn't from receiving the summons? Once you knew about the lawsuit, that was the best time to figure out what was going on and respond to the lawsuit if you disagreed that you owe the money. It might not be possible now to challenge the judgment the creditor got. But to figure out what, if anything, you can do now, the place to start is going to the court where the judgement was obtained and get a copy of the file to see what happened. 

  • Mon, Jul 29 2013 3:44 PM In reply to

    Re: Collection agency took all the money from my bank account!

    Hard to imagine that you knew you were getting sued in May but didn't get served with a summons and complaint.  Apparently, you didn't properly respond to the lawsuit within the time provided by law, so the creditor got a default judgment against you.  You are free to seek to have the default and judgment set aside on the ground that you were not properly served.  I suspect, however, that would just delay the inevitable.

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