Bank levied a bank account that hs both my father and my name on the account. I am on there for emergency purposes only. They went in took the full amount. I received no prior notification from the collection agency and I was making payments towards this debt all the while. Now after providing numerious documents to the collection agency that this is my fathers account strictly they are still holding on to the money. And I also made arrangements to make higher payments on a monthly basis. Is there legal action that I can take against the collection agency? Oh also not only did they levy the account but the only deposits that go into that account are SS benefits and pension.
Answer
You need immediate counseling from an attorney. When you learned of the levy, you or your father should have immediately written to the COURT (not the collection agency) and asserted (1) that the funds are your father's and not yours; (2) that the source of most of it was social security which is exempt; and (3) that you were asserting your $1,000 exemption for the rest. In fact, you should have received a Notice to Debtor form the sheriff or court officer informing you of these rights. Did you receive a Motion to Turnover? If not, then the funds are still at the bank and have not been turned over to the creditor and you can still oppose the turnover of funds. Hopefully you did not receive and ignore the motion to turnover. As I said, you and/or your father need to take immediate action before it is too late to get your father's money back.
Answer
I agree with Mr. Walters. Depending on some other information, it is possible that you or your father have a claim under the Fair Debt Collection Practices Act. My firm limits our practice to defending collection lawsuits and bringing claims against debt collectors. If you'd like a telephone consultation, please give us a call. We do not charge for the consultation. 973-379-7500.
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