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I need advice with a collections situation. Last year I received

 
MShore's Avatar
  • Answered by:MShore
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Customer Question

I need advice with a collections situation. Last year I received notice of a payroll garnishment through my employer.   I contacted the collections attorney and the matter was paid over the course of about a year.   Then, this year I received notice from my bank that they were served with an attachment against my bank account in the original amount, none of which was owed any longer.

I contacted the collections attorney again who issued a release. After a month and several phone calls, the money was returned to our bank account. However none of the processing fees charged against our account were returned. The bank did not even pay interest during this time for the amount that was never withdrawn from our account.

I'm angry with the bank and the collections firm at this point and want to fight back. It's hard with no documentation--as I understand it there was a judgment in 2008 for which I did not receive a summons, nor did I receive a copy of the judgment. What are my rights?

 

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State/Country of Question: Michigan

Already Tried:
I have contacted the collections attorney who agreed to process a release. I notified the bank that they would receive a release. I demanded to see original paperwork (Writ of Garnishment) which I was told was stored in an offsite facility. The bank has told me repeatedly there was nothing more they can do, despite the attorney's claim this is a bank error. Help! Can I obtain all this documentation from the court directly? I need to understand who is at fault.

Submitted: 1025 days and 8 hours ago.
Category: Legal
Value: $20
Status: CLOSED
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Expert:  MShore replied 1025 days and 7 hours ago.

Since the debt was paid, the attorney had no right to present the matter to your bank for garnishment. Your recourse is agains the attorney for negligently handling the collection. You should compile a list of expenses associated with the bank garnishment and attach a copy to a demand letter and send it to the attorney requesting reimbursement for the fees chargd by the bank erroneously due to the attorney's error.

Customer replied 1025 days and 7 hours ago.

Thank you for the reply. I feel like I need more information about the matter, however. I have not seen the original writ nor the release. This may be a dumb question, but can I obtain both from the court's records?

Or are you recommending I just proceed with a demand letter based on the information I have at hand (the payroll garnishment and a dated letter from my bank)?

Accepted Answer

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Expert:  MShore replied 1025 days and 7 hours ago.

I am recommending that you proceed with a demand based on the information you have at hand. From this information it appears clear that the lawyer should not have submitted the matter to your bank at all.

Expert TypeAttorney
Pos. Feedback: 98.1 %
Accepts: 17765
Answered: 7/31/2009

Experience: Negotiate, Draft, and Review many complex commercial agreements each year.

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