I am FREAKING out, right now.

I just went to check the balances in our bank accounts, and ALL our money is gone. WTF? There isn't even any single thing to indicate where it went- no questionable charges, no pending charges, nothing! We had a sizable balance yesterday, and today we just suddenly have nothing? In BOTH our accounts? We know what we've spent, and there should be plenty there! The online transaction list doesn't show any money leaving- it's just disappeared from our balance! What the fucking fuck?!!!

You need to call the bank right now!!

:hug:

too.

Maybe it's just a glitch or something.

:hug:

The online system may not be reading correctly. Only the bank knows for sure.

Keeping my fingers crossed for you.

(insert fingers crossed smilie here)

it's called being "levied." He owed money on a Sears card we haven't been able to pay on in a long time, there was a judgment against him, and thanks to the lovely legislation passed by our fucking congress, they were allowed to just go in and take ALL of our money; forget rent, forget feeding our kids. I am in fucking tears. I don't know what to do.

:hug: I'm so sorry.

:hug: :pals: :grouphug:

Just....jesus.

:hug:

I don't know what to tell you but lots of love/good vibes/prayers/support is heading your way from me.

That's terrible

If so, you should be able to get some of it back.

I don't dare put any money in either until I know they've taken the full amount. My husband's boss/partner gave him a check to replace what was already taken, and will let us pay it back whenever we can, but I'm afraid they'll take that too. I think the balance owed was about $850, though. I wonder if they can do this for medical bills too, because we're swamped under them, having a child with a disablility. I can't believe they can just take EVERYTHING a family has. I don't even dare put my son's SSI check in his account, because my name is on that, too. On top of everything else, it makes me feel like a shitty person that this happened to us because we didn't pay the debt, but we've been trying (and largely failing) to keep up with medical bills, and there's just not enough to go around. Merry fucking Christmas, Republicans (and Dems who voted for that bill,) may you someday cry in the face of your children, knowing you've failed them, despite your best efforts.

It would have been better before the laws changed, but in your case, may still be an option.

And, you're right about not putting those checks in your son's account. They will take them as well if your name is on the account. It doesn't matter who acquired the debt or whose money was on the account. Find another way to cash checks for the time being.

And, you're NOT a bad person. It's the system that's broken if working families can't meet their medical needs.

:hug:

You haven't failed anybody. The banking system, and whoever the many legislators were who have allowed the kind of usury that goes on in the credit card and medical care industries have failed us all.

I've experienced a number of similar (mostly bank-related, go figure) things in my own life, and I know quite a few other people who have as well. It sucks, but really, just hang in there...you will get through this. In the meantime, yeah, don't deposit anything else in the damn bank.

You are being victimized. Don't let it affect your self-esteem. This doesn't mean you're a bad person. It means we have the worst congress money can buy.

in their name and let you use it. You could cash your SSI checks and deposit the money in that account. There would be no money in any account in your name.

Bush is not the President of the United States...he is the President of Corporate America. We are the Peasants of the United States.

One thing you may be able to do is open another account, and do it soon however, at a bank more than 5 miles from your home.

When the IRS is looking for assets they use a 5 mile parameter to find the bank.

You should investigate a declaration of bankruptcy considering your position.

but...IMHO...

You have $2.00 in your account. Anything pending? Ask your bank what their policy is...are they going to let the pending items bounce or clear(sorry to say, but in my experience, pending stuff is going to bounce,except debit and credit purchases).

So, to do damage control...deposit enough for the pending items that bank will let clear and the nsf fees(cash the check your employer gave you at a check cashing place, because the bank will want the full check with a levy on the account)

Next, contact payees that were given any bad checks or any automatic payments, let them know your situation and if possible, ask them to not cash the check until whatever date.

Good luck and it will get better.:hug:

I cashed a check that I still had and deposited enough to cover the one item I know hasn't posted yet.

It also dealt with how creditors could go after debtors (e.g., a credit card company now has the same right to money as a former spouse who hasn't been getting the child support check).

And did I miss something - did the OP file for bankruptcy prior to this? I was under the impression that she hadn't (yet).

I don't think she'd filed, but this aspect of the law is applicable to debts whether or not bankruptcy was filed, I believe.

:hug:
Hang in there, you can get through this. I am sending you and yours all my very best wishes for a positive resolution to this problem.

:hug:
Shine

But, now is the time for clear thinking. Do you have any checks on direct deposit? If so, cancel that right now and set up an account at the money exchange to cash checks. It costs more, but they won't be able to empty your account again.

Also, do you have any bills on auto pay? If so, cancel those as well so you don't have any bounced check fees.

Next, evaluate your resources and immediate needs. Do you have anyone who could provide you a loan to get through the month? Food banks in the area? Any resources you could tap like stocks or retirement savings? Anything you could sell?

Next, how short are you still on the judgement after they cleared your account? How can you clear that up ASAP? Can you call them to negotiate new terms?

It sounds like a desperate situation. I hope you can find what you need to make it through.

Have any credit agencies been involved? It doesn't seem legal somehow.

Call the local newspaper/TV station and see if a reporter is interested in this story. Like from the consumer awereness angle. You might get a lawyer to step up if the story gets out.

It's my understanding that the bank won't disperse right away, and if you can prove a hardship, they won't disperse a percentage of the funds.

but my husband was served a summons that he failed to respond to.:scared:

Any time--ANY TIME--you (and this is advice for all, not just you) are served with a summons, do not ignore it. Respond in some way--most courthouses have research and information people who, while they won't (and can't) give you legal advice, will at least point you in the right direction and get you the appropriate forms to file in response to the summons and complaint.

Most courts will help you work out some kind of payment plan IF you respond; even though that may seem like an impossible situation, it's certainly much better than having your bank account levied or your paycheck garnished. A summons is the one thing you never, ever want to just ignore.

Good luck, Lara--I hope you guys are able to work something out with either the court or with Sears.

probably a in a couple of days. I went through the SAME thing a few years ago.

Obviously if you got the notice before they snaked your money you'd clear your account - so they wait. Bastards.

Also expect to see a nice chunk of change go to the bank as a "fee" for them giving your money up to someone else. Sucks.

FWIW this has been going on for awhile and has nothing to do with the recent laws passed.

I felt so violated when it happened to me. I likened it to having an associate owe me some money - and when they didn't pay break into their house and clean them out. LEGALLY.


It's all bullshit if you ask me.

he got a summons, he didn't respond, and the case went ahead without you, judgement included. That's why they could take your $$$. It sucks seriously bad, but never, ever, ever, ignore a summons when your $$$ is at stake.

Always go to court if you get a summons... most of the time, things can be worked out to a degree. This doesn't help now, but it might in the future.

Hang in there...

And keep a paper trail.

You may need an attorney.

Find a lawyer, and see if there's anything you can do. Things like this should just not happen.

The company that I had the loan through sold the loan and did not notify me. The company that bought the loan transferred it to an attorney. The attorney, having the bank acct number from the previous loan company who was still withdrawing monthly payments, came through and wiped out my account one day. At the time, I was paid monthly (I worked for the state of MO). On the first, my check was directly deposited. On the second, my account was wiped out.
I had a newborn, rent, food, utilites, hospital bills and everything else to pay(babysitter included). I lived off of bean soup for four months until I paid everyone else back.

I'm so sad and angry that this happened to you and your family. What happened to "garnisheed wages" where they take some from each paycheck until the debt is paid? To just clean out your bank accounts is inexcusable!

Those Sears people are vicious mofos... making me think seriously about ditching my Discover card.

Wish there was something I could do to help, short of sending you a winning lotto ticket. If you can think of anything, let me know. Otherwise, I'll just light a candle for you and hope your families/employer can help you weather the storm.

:hug:

and does it affect all of us? Has anyone else had this done to them? I'm thinking of closing some accounts right now!

1. A company decides it's financially to their advantage to pursue repayment of a debt through the courts (this doesn't happen often, but it does happen).

2. They file a complaint against you, usually in the court in the city or county where you live.

3. They then have a set amount of time (generally 30 days) in which to serve you with a summons and complaint.

Here's the important thing everyone needs to be aware of:

4. If you don't file an answer to the complaint within the legal timeframe (also generally 30 days if summons was personally served), the company is then able to file a request for default judgment because you have surrendered your right to respond to the complaint.

5. The court then awards judgment to the company.

6. The company takes the judgment with a writ of execution to the local sheriff's department (that's usually who handles these), along with a request for wage garnishment or bank levy. The sheriff's department then executes the garnishment or levy on behalf of the company.

Most companies have a team of lawyers and know what is going on and is on top of this.

Average Joe could VERY WELL NOT KNOW WHATS GOING ON. Average Joe would have to hire a lawyer for this kind of crap just to know whats going on.

WHERE THE FVCK IS CONSUMER PROTECTION???

THIS IS FUCKING BULLSHIT.

You don't have to hire a lawyer (though that obviously helps). Courts usually understand the circumstances of an individual like this, and look for any indication that they're interested in taking care of the debt owed, even if it's through a payment plan and for a smaller amount (and your day in court is your opportunity to get that).

Anyone who's served a summons should have some inkling that it's important. As I said, courts have an information/research department that's there to help. If you can't afford an attorney, that's a great resource to use.

Thats my whole point.

...in defining what you're being served, what response is required of you and when, and what the consequences are if you do not respond.

I can even link you to a form summons if you want to see one yourself. It's not a complicated or vague document; it's a one-page document, served along with a complaint, that outlines what your obligations, rights and remedies are, and in pretty simple language.

I have all the sympathy in the world for people who are having serious financial and debt issues--I've been there myself. But if it reaches a point where you receive a court summons, then you'd better respond. I don't think anybody should be harassed about debt, but companies are absolutely entitled to try and collect on legitimate debts. There are several points along the way at which you can work with creditors to take care of the debt, with formal legal action being the last opportunity.

without warning. You're absolutely right- he should have responded. That will never happen again- but I think we should have been forewarned that they could take everything we had, all at once. NO garnishment- simple acquisition of every penny we had.

Consumers are do not know every law or consequence that can happen. Where is the protection for people??? All the laws are in favor of whoever can field a team of lawyers at the drop of a hat.

That is what I call BS.

...with a summons, and you don't respond, then you're not a victim. You've chosen not to deal with a serious situation. Yes, it sucks. Yes, it's a horrible situation to be in. But if somebody hires a process server to serve you with court documents, then you should understand that the situation has escalated to a level of seriousness that you really shouldn't ignore.

You don't have to know every law or consequence--but when you're served with court papers, it ought to get your attention enough that you at least start calling around to the courts and legal aid clinics to find out what the heck you should do. It doesn't require a team of lawyers to deal with this.

An acquaintance used to be a summons deliverer (can't think of the technical term) while working on his master's degree.

I was sent a supoena via registered mail (I was a witness to an assault) my signature was acceptable.

Speaking of summons for the IRS, I worked for a company that was behind on taxes, and an inspector came by the office to 'chat' in person. I don't know how many registered letters this followed, since I know the IRS likes those as well.

my parents have had a few, and they always came in person, via the local Sheriff's Dept. :shrug:

Believe me, there's no mistaking when you get one.

I know, because I've had three summons brought to my front door for the woman who used to won my house. If you're not home, they put it in a HUGE Tyvek envelope with SUMMONS on it and tack it to your door! Very embarrassing...

interesting. what if someone takes it off your door before you get home? seems strange.

I think being a process server would be an entertaining job, for a couple of weeks.

...I was only attempting to explain how the process work to those who don't understand how and why money can be taken from your account without your permission.

Bank levies and wage garnishment are two different things. The company probably did an asset search (after the default judgment was awarded) to determine whether you had any money in the bank; if those searches turn up anything worth levying, the companies act VERY quickly to get that money. Yes, it absolutely sucks--I'm just trying to explain the mechanics of what happened (in the hopes that any other DUers in a similar situation can hopefully avoid having this happen to them).

Call your bank and INSIST on talking to somebody about this--in fact, going in person and speaking with a bank manager would probably be better than a phone call. If there's anyway to delay the levy, they may be able to help (perhaps you can petition the court to overturn the default judgment temporarily if you respond to the original complaint). This is NOT legal advice, btw--I'm just trying to give you some information that might help you straighten this out.

Not sure what I can do, but... :hug:

Generally speaking, a default judgment can ONLY be obtained if you were served and didn't respond. Call an attorney NOW--they may not be entitled to take those funds if you were never served with the complaint.

That is absurd that they could do that without any warning to you, and on top of the fact that it's medical stuff keeping you from paying in the first place :hug: Please PM me if you guys get really desperate. I'm all about care packages for mamas that need them!

No one should have to suffer at the hands of the credit card companies in this new corporate country of ours.

Damn credit card companies and their usurious ways.

:mad:

I don't have a lot, but DU has pulled me out of the bleakest financial mess I've ever been in, and I'd love to pass the favor along.

Tucker

if you can

I got the fucking run-around. The bank wouldn't tell me how much the levy was for, in full. They said it didn't all show up in their "system" yet. They gave me the number for the law office that levied the charges against our accounts and said I needed to call them. I called the law office and they wouldn't tell me the full amount of the levy- they said the bank had 21 days to submit a disclosure to them before they could tell me. She said the fucking bank was suppposed to tell me how much the full amount was.:eyes: So, thank-you, to WELLS FARGO for being able to remove all the money from my accounts (correction: they left seven dollars in one account) but being unable to fucking tell me if any more will be coming out. Service at it's finest. Unfortunately, my husband WAS previously served a subpoena but didn't respond, as he had no clue what to do, and we had no ability to pay. Note: respond in SOME fashion, even if you can't offer any money. He thought (as did I) that if anything, they would rule against us and garnish his wages- had no idea that they could just go in and take EVERYTHING wihtout notifying us that they were going to do so.

Seriously, even if a valid debt, just before Christmas, with a disabled child and absolutely no money to pay rent or buy groceries, this is a story that needs to get to the public and the lawmakers.

And maybe, just maybe, the ensuing attention would get you folks some help.

:pals: Sending some top shelf karma your way.

that was one of my first thoughts. It IS horrible. The fruits of the "moral values" of our elected officials. I'm very angry now, and I absolutely DO feel like making an example of our administration, elected officials, and the credit card companies. I'm seriously going to think about speaking out, once I feel like I completely understand what just transpired in this situation- my head is still spinning a bit.

I know my turn will be approaching in a few months, and I'll be raisin' hell too.

I already have a few editorials I'm tempted to send to newspaper editors because the evil and injustice I am seeing here at home NEEDS more people responding.

In mainstream media.

Or at least attempting to.

And if this leads to me never getting a job in the future... Well, let's just say that freedom is a word for nothing left to lose. I've read "Final Exit" and I have no moral obligations. (financial obligations are not moral whan those handing out the money are immoral. Only those with no sin can cast the first stone. And as we've both seen, financial organizations are about as immoral as they come.)

Besides, Jesus died for nothing when you consider the actions of people today. Think about it: WHY did Jesus die for us? Our sins? Surely not to give us a blank check to continue making sins whenever we want in the future?!?! Jesus died in vain and people are far more satanic in practice now than they ever were before. And hindsight shows us that they were far more evil than we ever even considered at the time. The Bible is replete with stories damning the greedy and showing mercy the debtors. Yet our people in power, who claim to live by the Bible, do the exact opposite in action. The antichrist and its minions have taken hold. And maybe that is my destiny in life; to remind people about the TRUTH of the Bible; to show people that the antichrist is in power and that they need to fight for themselves.

Or maybe I'm just going crazy, I sure as hell don't know anything anymore...

Lara, the local TV muckrakers would go NUTS to feature a photogenic young beauty like you in the weeks before Christmas with a disabled child and this terrible situation... if nothing else, you'd get to call the bastards "BASTARDS" on the air.

One good sign... if they left $7 in one account, wouldn't that indicate that they took all they "needed"? I mean, if the debt was for more, they would have taken it all, I'd guess.

This is an outrage.

I agree with what's been said; Definitely call the papers on this one.

Call Hatch or whoever is the attorney general on this.

to ruin Christmas for your children? (If you were going to get them gifts, have you already done this?)

It's not right for your children to go without Christmas presents!

Please let me know. (By PM if you prefer.)

because I always make sure that I shop for them first, to assure they're covered, in case funds run too short. I'm glad I did. I sure won't be buying much for anyone else. Guess I'll make an extra large batch of peanut brittle and wrap it up in pretty bags for the other relatives- they won't care much, anyway.

That happened to us a few years back and caused a whole lot of financial problems...

BE patient...

cookies one year and felt bad about it; it really was the best gift that she could have given me.

I ran to the bank, and then HAD to get air in my tires, becasue two of them were almost flat (they constantly leak and go nearly flat in a matter of days). I got SO MAD, because the air compressor took my 50 cents and then wouldn't work- it was like idiotic salt in the wound. So I threw the hose at it and kicked it.:rofl: Then I got in the car and cried. Then I laughed the rest of the way home, because it was so utterly ridiculous. I think I'm going to scare the crap out of my poor kids.

:hug: :hug: :hug: :hug:

I hate that you're going through this--not just at Christmas but at the beginning of winter! It's not right.

Put me down for a care package if you need one. (And don't be afraid to say you do either.) :pals:

I appreciate the support from everyone. I really do. I'm used to being relatively alone when crappy things happen (although nothing quite like THIS has happened before!) My husband is always a good shoulder too, when we're worrying about things together. I'm thinking I may have to (ugh) take out extra school loans in January to pay it back. I hate to do that, but I guess it's my best option. Now if the car just holds out for one.more.year...:nopity:

...let me know if there's something you need.

Don't know you well enough for a :hug: but here's a :donut:

I had that problem recently, cost $20 to fix. Tires blowing out can be an even worse problem.

:hug:

there is a special hell for creditors

of this i am certain

those I find myself in, I often wish I did believe in Hell, so I could get some emotional satisfaction from the belief that they would "get theirs," eventually. Ah, well, it wouldn't help my situation, anyway, I suppose. Kicking them in the balls might, though. It would make ME feel better.

While he may not be able to help you with this particular problem (and I am very sorry to hear about it) he may have some way to help you with the medical bills. He's been a shining star nationally with his work on medical billing and charity care there in MN. Your medical bills may be too high for your level of income* and he may be able to help you with negotiating them down.


Laura

*I was thinking that if your kid is an SSI kid, it is an income qualified program here in Illinois. You should almost certainly qualify for some kind of medical discounting if your income is low enough... I certainly am not trying to be offensive or insensitive when I bring up family income.

Idiot bank put my paycheck into someone ELSE's account. If you still have your receipt, go down there and show them.

Although on one occasion, (years ago) my bank lost a cash deposit I made and refused to do anything immediate about it, citing their right to a five-day "investigation period." Meanwhile, I couldn't buy food for my son and we had to go pawn belongings to get money.

accounts? I'm so sorry.

from a court. This has nothing to do with the new Pro-Credit Card Bankruptcy Law.

You really need to get this story out there to show the sheeple just what they get when they vote Republican. Write some LTTE's about this. Word has to spread about stories like this.

I hope it works out ok for you.

Wrong on so many levels.

I hope that you can do something...I think it's a good suggestion to go to the local media, because the light needs to be shone brightly on what is going on in this country.

I am so sorry. I've been cleaned out, but not quite like THAT. My own experience has me determined to never, ever vote for a Democrat who voted for this shameful credit-card-company-enrichment legislation that went recently into effect (no matter what good these Democrats may have otherwise done, that action is a revaling one that shows their true colors) and I hope that their names are put here on DU as a reminder each time they're up for the ballot.

Credit-card companies, many creditors, and most collection agencies (some of the latter engaging in outright illegal tactics) are utter scum. May they all get what's coming to them, even if their future seems even more rosy now as a result of collusion with greedy political hacks. Piggies.

I can't do anything more concrete than hope, but my best thoughts are there with you all. :hug:

so that everybody can see what can happen to the average American when the big companies get all of the rights.

This is why capitalism is so fucking evil.

Lara, I know I can't do anything but to send you positive vibes :hug:

I know it's horrifying...

1. Destroy all banks.

2. Destroy all lawyers.

3. Destroy all corporations.

4. Destroy all governments.

5. Send many :hug: :hug: :hug: to Lara and her family.



Well... it's a start... :blush:

business with in the first place, and if banks are bound to turn over their customer's funds? Are we all in a big supercomputer somewhere where big brother knows these things?

with a garnishment order or such, we HAVE to release the funds. We can't give up account info (number, balance, history, etc) but if they try to pull a certain amount and it's there, they get it. It's a legal ordeal. It's not like a company can just go to a bank and demand funds from a mutual customer's account.
Like Laura said, they were served with a summons and didn't respond. Those things aren't always clear with their instructions. Even if they'd responded and set up a plan to pay a dollar a month, the company couldn't have done this (at least that's how most medical bills work where I'm at; my aunt and uncle went through that type of situation). The lack of response is what forced the company to the next step in the legal scheme of things.
It's not right, it's not fair, and it never happens to people who deserve it, but that's the way it is.
I can see it from both sides. Think of the company. To them, Laura isn't a family member (like we on DU think of her). She's a customer that didn't pay a debt that was owed. They did what they could, legally, to collect the funds owed to them. While it's practically 100% unlikely they'd go bankrupt without her money, what if they excused everyone's debt to avoid putting them in a hardship. That's the bummer about owing money any time to any one.

On the other hand, Laura, I'm so sorry for all that's happening! All my best wishes are with you that you'll be strong and that things will start looking better soon. There's never a good time for trouble like this, but this must be the absolute worst. Please let me know if there's any thing I can do to help. I don't have much but I'll help any way I can. Best of luck to you and many hugs!

Edit to add, if a payment was made by check, the bank info would be easily obtained from it. Otherwise, there are other ways to find out through legal matters just like a credit report lists any outstanding debts with different places/companies.

I'm seriously freaking out right now because Laura could have easily been me (though as far as I know, I have not been served with a summons).

The problem is, they don't want a dollar. They want $850. Now. That's why people don't respond.

Can I talk them into taking a dollar (or a few more than that)?

This was quite some time ago, but they were NOT willing to work with us, so we pretty much threw our hands up. Not a good tactic on our part, but just MEDICAL bills alone come from nearly ten different sources. We can't afford to give everybody everything they want, and if they won't work with us, WTF are we supposed to do?

A collection company called me, and I was like "I can't afford to give you $850 dollars next week, at once!" They didn't want to hear it.

So WHAT THE FUCK?

After reading this thread, I'm now looking at bankruptcy lawyers. Fuck this. I have less than 10K credit debt and was told that it's not worth it to me, but you know what?

It's a hell of a lot better than what has happened to you. Again, I'm so sorry.

Or maybe you're supposed to just send them a dollar in the mail regardless of what they say, to avoid this? I hope cfield or someone else responds!

:scared:

It'll be better soon. Please take care of yourself. I know that's hard to do, but I have faith that you'll make it.

:hug:

My uncle had some serious medical bills. BIG TIME bills with no income to speak of, NONE-my grandma was buying their groceries until disability or whatever kicked in. Well, they had bills from the doctors (multiple, because no one could figure out what was wrong with him), the hospital, the specialists, etc. Now, we're in Kansas so I don't know if it's state specific, but the attorney they had made it clear to them that as long as they were paying SOMETHING, they couldn't be turned in for collection. They literally paid 5 bucks a month to every biller for months on end, and there was nothing the hospitals or doctors could do because *they were paying*. Even the billing people at the hospital finally admitted (after threats to turn them in to collections) that as long as monthly payments were being received, there was nothing the hospital could do.
Before just sending in your payment and expecting everything to be peachy, you might find out for sure, especially since I don't know if it's a state or local thing. But for my aunt and uncle, that's the only thing that kept them going. And these are people who lived in a 1970's trailer, on land they owned, so their bills were very minimal. They home schooled and lived very shabbily so their largest expense was gas money to drive to and from town (they lived about 25 miles away). And this was several years ago, before gas even cost a dollar a gallon.

But always, ALWAYS, check even your junk mail, because things like summons' and bills aren't always labeled well.

Lara, I apologize for misspelling your name, I didn't realize my error until it was too late to edit.

that a credit card company can just go in and raid your bank account--whereas, when I've won small-time judgments against people like my landlord who never returned my security deposit, I was told that even though I had won, there was no guaranteed way to get the f&*ker to pay me.

...and knowing how to do it. If you can get a bank account number (look on the back of your canceled checks), you can get a writ of execution, and take that with the judgment to your local sheriff's department (try checking their website to see if they have forms for downloading). They should be able to help you with either a bank levy or, if you know his employer, a wage garnishment.

You'll have to pay a nominal fee to the sheriff for executing the writ, but at least you've got the net gain of most of your judgment.

The situation I mentioned is long past, but it's good to know for future reference.

And I don't want to scare you, but if they took more than you owe - you may have to go to court to get it back.

Making me think more and more about keeping my money overseas....and not in US dollars...(Euros perhaps.)

or perhaps abandoning money all together, in favor of useful items such as canned food, and bullets.

Fucking goddamn banks. Fucking goddamn credit card companies. Fucking goddamn "justice" system that serves only the wealthy and their corporations. Grrrrr!

I wouldn't be surprised to hear of legislation to re-instate debtor's prison...I really wouldn't.

bad idea - but consider a European bank account. You can still write checks (or cheques) and do direct deposit. And you get the added benefit of having your money backed by a stable currency.

That could have been me, and I'm so, so sorry.

Hold your family close tonight...At least the bastards can't take that away from you! :hug:

I truly wish I could be more of a help...

Sending good vibes~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I remember reading on bankruptcies, there's a meeting you have to go to, blah blah blah, usually companies don't show up to the meeting--but I KEPT reading about how SEARS was the lone asshole who sent people to meetings to cause problems and make people feel bad.

We probably paid of the initial ($200!) balance many times over, while we were still trying to pay it off, but occasional late fees and interest kept us from getting it all paid off, and eventually we couldn't pay on it anymore, and ultimately, it about tripled. It's not as though they didn't get the amount of the original purchase out of us, but of course that's irrelevant.

that the original balance was approximately $200
that you had nearly paid that but were unable to completely pay it off (incl interest + fees etc)

and THAT is the money that added up to the current owed bill which caused this

wow
if i understand you correctly then this is yet another piece of information that is crucial for everyone to know and understand

i am so sorry for this entire situation
im glad you shared that with us and youve gotten good advice and support so far which is of course not surprising

please do contact the ag as others have suggested
this may be "legal" but that surely doesnt make it right and im sure given your situation someone is interested in hearing the entire chain of events and what your family will suffer because of it
again it may be legal but you likely can get some good advice and assistance while you need it

im sure its quite difficult but your story really could open up lots of peoples eyes as certainly it has opened yours

very best wishes lara - please do keep letting us know how this progresses and if you need anything please do not hesitate to ask

love and prayers and light

Our card limit was only 200$. We bought a cheap lawnmower, a rake and a broom. We never paid it off completely. We'd pay for awhile, then something would happpen and we'd fall behind; then we'd start paying again, then fall behind, etc. Every time we fell behind, we accumulated late charges and more interest, and ultimately ended up owing 600-some dollars (they took about 850 dollars today- court costs and miscellaneous added to it, I'd imagine. 850 dollars for three items we'd probably paid the purchase price of, a few times over, in the course of our payment history. sad.

I'm not Lara, but something similar happened to me where the actual balance was one thing and interest/fees bumped it up to double/triple the amount.

I recently heard somewhere that to make a profit, credit card companies need 90% of people to pay late. Great industry, huh.

That's my own fault, and I know it.

I just got off the phone with a bankruptcy lawyer, and I'm going to get my stuff in order to meet with him and deal with this--hopefully before the end of the year (supposedly--with my luck I'll make too much, or they'll go "hey, you don't need 300 bucks a month for food!".
So I might be in tears with you in a few weeks.

I know this information doesn't help your family at all, but thank you for helping me try to get myself in gear. You guys are in my thoughts. :loveya:

its tough isnt it

well if its any consolation were none of us alone thats for sure
and do let us know how your meeting/decision turns out

I can personally say that that is true. When my elderly 79-year-old grandmother got into financial trouble due to her health (she had lung cancer/emphysema) and had to file for bankruptcy just before she died, she had a $288 balance with Sears. Wouldn't you know those fuckers were the ONLY creditors who actually showed up to the hearing? Over $288.

Sears is the ABSOLUTE worst company in terms of debts.

What a hard and horrible lesson to learn, especially at this time of year.

Count me in the wanting to help category.

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You are not without remedy but must persuade a judge you did not realize the gravity of the situation and could not afford counsel.

THe court clerks can help you with the forms and you will have to probably pay a fee. Since a DEFAULT judgement was entered against you, you will need to explain and have a very good reason as to why you did not appear... it may or may not help you but it is worth a try since the funds were taken out today and most probably have not yet been transferred to Sears or their atty yet.

If you google Motion To Set Aside Judgement and Minnesota, you will probably get better information.

You will need all the relevant case information including a copy of the judge's order granting the default judgement.

on edit: YOu have to go to the court where the judgement was entered

Sanity reigns in the lounge.....


Missed you.....:hug:

a friend emailed me the link and asked if I could offer assistance..I was going to respond to the thread starter with a private message but since so many on the thread have had similar events happen, I felt it would be better if people knew they had a potential remedy...but thanks

It IS good to see you. :hug:

:thumbsup:

surprise to see you

youre very giving to offer your sage advice here for everyones benefit
my very best to you (as i hear you say this post is a one shot deal kind of thing for now)

I tried to help a bit upthread--this is much better.

Damn good to see you. :hug:

or the local Law School (and you're never more than a few miles from some law school) and ask for help. that's what they do. Oh, and throw yourself on the mercy of the court.

unless, of course, this settled the debt, in which case, my condolences, but at least it's over now.

situation at the following link:

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=105&topic_id=4410224&mesg_id=4410224