LVNV Judgements and freezing bank accounts

[sunnyday]

I read an interesting article in the newspaper about LVNV obtaining judgements and then freezing bank accounts.  This person stated that they had a judgement against them from LVNV, and they actually froze their entire bank account, after their social security check was deposited.  They did end up getting their money back, but only because the CA is not allowed to freeze SS funds, however they are allowed to freeze any regular funds.  Once this happens, you are screwed!  Just wanted to give everybody a heads up, so if LVNV is one of your collections, DO NOT have your paycheck direct deposited, but have your work issue you a regular paper check, and then cash it.  This would really suck, if you had no money to live on for who knows how long!

[Anonymous]

They did it to me!  I had been paying a receiver on the judgement $150 a month.  Stopped paying them thinking he couldn't do anything about it...I didn't own anything they could take.  Stupid stupid me...he had my bank account info...smooth froze the thing the day my paycheck deposited.  Got $800 out of me.  Needless to say it's paid in full now and actually believe it or not never reported as a judgement and shows as a GOOD account on my credit..lol ~ that won't be one I'll dispute ~ just extremely thankful.  I learned the hard way to NEVER send a CA anything by personal check or make a payment by check card.

[Anonymous]

Kims & Sunny,

They are really bad about this, and I just received the response from my summary judgment hearing - it was partially granted they just have to determine how much I owe - I had disputed, and when I go back to court I am stating the validation they provided is NOT proof they have authority since they BOUGHT the account.

I had another CA take my bank account and I have two small kids, so I live check to check, what happens is they file a Non-response affidavit with the court so they get a Default Judgment and DO freeze your account for the 5 days or whatever and get everything in there for that day.  THey have to keep doing it each time until it's satisfied.....WATCH OUT!

[sunnyday]

I feel so bad when this happens, especially if you have a family.  These CA should not be able to do this.  What happens if you can't feed your children, because they take your total funds?  Or what happens whenever it's the middle of winter, and your gas or electric gets shut off, because you can't pay your bills, because the CA takes all of your funds. This should be illegal, especially if you have children or the elderly you are supporting.  It's really a shame that they can legally do this to people.

[Anonymous]

It is awful to that I can attest.  It also makes one much wiser and more cautious.  They use the legal system in a way that shouldn't be allowed but the courts are not doing their job right now.  There shouldn't be any such thing as a "default judgment", there should always be a required hearing.  That's the notice I was waiting for!

[Anonymous]

HOW DID LVNV GET YOUR BANKING INFO ANYWAY?  IM JUST CURIOUS AS TO HOW THEY ARE ABLE TO DO THIS?

[sunnyday]

I would like to know the answer to this also, as if you have never made payments to them, how would they find the bank account info out?  Does anybody know the answer to this?

[Anonymous]

I sure don't know how they find them but I'm sure it's some great software they pay a premium for and get all the info they need on someone!

[tpayne105]

I THINK in some states, Texas is one, they cannot garnish wages...the state makes it impossible for them to do that....

I could be wrong though...I thought I read that in a post somewhere in these forums not too long ago...

[sunnyday]

Even if they can't garnish wages, they can however freeze your bank account.  I live in PA, and they are not allowed to garnish wages here for credit card debt, either, but they are allowed to freeze your bank account, and take all of your money, until the debt is paid.