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Nishan Parlakian
Nishan Parlakian,
Category: Legal
Satisfied Customers: 56
Experience:  Principal at Consumer Law Office of Nishan Parlakian, Esq.
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What can I do if a collections agency has placed a lien on

Customer Question

What can I do if a collections agency has placed a lien on my bank account for a 2007 or 2008 unpaid credit card. My bank told me to call them, and was told that the bank could take 3 weeks to take a step, meanwhile I rely on that money that is in my account. What recourse do I have to settle the matter quickly before running out of money and being in a worse situation?
Submitted: 8 months ago.
Category: Legal
Expert:  Nishan Parlakian replied 8 months ago.

Hi I am sorry for this trouble. It is the law in your favor that they prove the debt to you before taking action. If they have taken the action because their collection requests were ignored- believe me, I understand that, but you want to settle, then you should do so. Now you say it's from 07 or 07. If no one tried to collect from you in 6 years then you may have an argument to have them take the lien off. If you are not able to get funds then call the collection agency. Tell them you don't think you owe the debt and also believe that their effort is beyond the statute of limitations. But if appropriate for you tell them you will negotiate a small settlement if the remove the lien. If they refuse, go to your court and tell the clerk that you want to serve an order to show cause on the collection agency and the bank to release your account. Tell the court that pet the FDCPA they took no steps to alert you gone debt and that you believe it past the statute of limitations. This will not cost a lot and is able to be fine by you without a lawyer. You can do this and hopefully they will deal with you fairly. If not then do the show cause at your court. This would be the fastest way to get back to normal. I'm sorry they have put you through this. It is heavy handed in thief part and it stinks, but you can and should fight back. Please let me know if you need more help and good luck. Sean

Customer: replied 8 months ago.
There was a judgement against me in 2010, if I did settle he quickly will I be able to have access to my account? The bank said they would take up to 3 weeks to deal with the matter, do I need to talk to collections everyday to settle? Or the original creditor? How quickly is a settlement processed? Would I be able to make monthly payments?
Expert:  Nishan Parlakian replied 8 months ago.

Yes, if you can settle they generally will let you make monthly payments. Once the agreement has been made they will release the account. Probably the court or sheriff ordered the account restrained so the bank will it be able to anything. They are just blowing wind up your skirt if they say they can do something. So yes talk to the collection agency then. Tell them you want to settle but you need the account released. Listen to what they say and if it is something you can manage then take it with the provision the account be released immediately. It still will take a few days to be released. If you are in SSI, then you may want to rethink because those funds should not be reached by anyone. Then again if you feel this is more trouble to fight than to negotiate that is ok. Please let me join you need more help. Sean

Customer: replied 8 months ago.
Just checked my account balance, more than -18,000 they already deducted the amount, would they redeposit the amount with the monthly payment agreement?
Expert:  Nishan Parlakian replied 8 months ago.

No they will not. Perhaps with certain circumstances- if you are on SSI and the funds they took were SSI and you can prove it. Generally when it is gone it does not come back. I'm sorry