LVNV drained my bank account, OLD account not even reported anymore...

[Anonymous]

I noticed a terrible surprise last night around 2AM in my Huntigton account (right when a $360 capital one payment was about to post) LVNV Funding apparently placed a garnishment on my checking account which sucked my balance down to $0.00 (I'm currently $360 overdrawn) and is apparently going to **bleep** me until $13,000 is satisfied which means as of today I cannot use my bank account any longer (after I get the balance to $0.00 today).

The thing is, this account was in collection status once upon a time, it's dropped off my credit file (it's that old) and there is NO judgement on my credit file in relation to it... I BELIEVE it's way past the Statue of Limitations in Michigan which is 6 years max I think, probablem is I may have acknowledged the debt in 2013 to the collection agent but never started paying on it.

It's not on my credit report anymore so I cannot see Date of first deliquent but since it dropped off my account that has to be around 8 years now... Can they still garnish me for this or was there a cut-off because they already **bleep** me good and I thought this was past me now.

What should I do, I have their phone number but I'm scared to talk to them and screwing something up... I do have a saved 2014 credit report or two somewhere that will show the account info but if I simply "acknowledged" the account on the phone a few years ago is that my bad and why they can do this or could they always do this?

They know about my checking account because of me though, the same office who handled my Capital One charge-off last month is the one who had this account too I just didn't realize it, the **bleep** there obviously did this because I did something good and took steps to resolve that Capital One thing... that's what upsets me the most, I did something good and got seriously  screwed for it.

[Anonymous]

This is terrible though I'll need a new checking account within next couple weeks so I can continue living life and paying credit card bills, I can't pay a single one without my checking account... I'll probably just transition to my woman's checking account for everything I have to pay and wait it out, I see no other option since I honestly didn't think I could be pursued for this huge balance any longer... I couldn't pay this so long ago because of a car accident and a year without working.

[Anonymous]

I had a +33 Point Experian increase in MyFico today because of my Amazon Prime account showing up... so I guess that's uplifting, 648... with a couple badies dropping off this month as well, sucks because my credit has been improving immensely and now this huge garnishment jeopardizes everything.

[Anonymous]

This is all I can find on my old credit file from 2014... 
 

Does the date from which they can come after me start when the account goes to collections? I thought it was from the date of the first delinquency on the account when it was still "Springleaf / American General"  If the dates listed on there are when I need to start counting down from that sucks hard because none of this is even on my credit reports period... I have zero collections.

There is also no Judgement over $5K on my profile either so this is not a judgement anywhere...

[Anonymous]

Hopefully when the collector called about it after I settled my other account and I said "I can't pay that now" or something along those lines it didn't open the doors to collections again for 6 more years... I was half asleep but I certainly didn't say I would ever start paying on it.  Still trying to find the date of first delinquency before it was in collections but I'm starting to worry I got some years to dodge this or something I just hope it can't be REPORTED again on my credit because I've made some amazing progress so far from where I was a year ago.... I'd just give up if that was all tarnished.

[Anonymous]

STATUE OF LIMITATIONS MAYBE EXPIRES NEXT MONTH??


Is there anybody out there... out there... out there?

I just found the credit file for the account, looks like last payment was made 12/05/2009 and 6 years from that date would be NEXT MONTH, is it possible (please, please, please) that the Statue of Limitations (I'm in Michigan, 6 years) will expire next month on the 5th??  If that's the case I might sigh the biggest sigh of relief ever because I can handle not using my checking account for another month... If this is the case I'm glad they only stuck me for $388 and not the $1100 I had in there a week prior.

[thom02099]

Your situation is far more complicated and needs far more expert advice than one can receive on a message board.  I would strongly suggest you consult an attorney ASAP.

[Anonymous]

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@thom02099 wrote:

Your situation is far more complicated and needs far more expert advice than one can receive on a message board.  I would strongly suggest you consult an attorney ASAP.

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You're right, I don't have any money to contact one though so if it's free consultation that's my only real option... I just created another thread in the rebuilding section on this because I didn't think anyone was going to chime in, thought maybe it was in the wrong section (and it was an empty thread last night since I deleted everything) I appreciate the response, maybe I can find an attorney who will allow me to email them this information and those screenshots and give me a quick answer.

I'm not exactly in a world of financial stability so more costs are not what I'm hoping for... Guess I'll not use my bank for the foreseeable future.

[Anonymous]

If I attempt to contact an attorney for (hopefully) a quick and free consultation over phone / e-mail just to find out my statue of limitations issue which type of attorney do I search for in my area, Bankruptcy? General Law?  I have no idea which firm or individual to even call I just was hoping I can email this info and they can take a quick glance to alleviate concerns.

[Atonswife]

I'm assuming if they were able to levy your bank account then they had a judgment against you? If that is the case then I don't think the statute of limitation applies in the sense you are thinking. Meaning they may not be able to report this on you credit reports beyond the six year period but if they sued you and won the judgment, then I believe they can make attempts to collect on the debt for up to 10 years and possibly 20 years if they renew. I'm sure more experienced members can assist. I have had several default judgments against me and while the SOL is 7 years here in NY, it would be removed from my reports however they can still collect on that debt for up to 20 years if they renew after the initial 10 year period.