Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I got a cc through a local credit union in Birmingham. A couple…

Customer Question
I got a cc through...
I got a cc through a local credit union in Birmingham. A couple years after I opened the account, I got behind in payments due to losing my job and eventually had to default. I started receiving collections calls from an attorneys office that continuously hounded me for the money even though I told them I was unemployed. Shortly after that I moved to Florida for work and I was told that I needed to come up with an answer. So I told them that I could pay them 10$ a month for the time being. The office then told me that the amount wouldn't even cover the interest. I asked them if the account was closed and they stated yes to which I replied then there should be no interest accruing.

I then reaffirmed that I could only pay 10$ a month at the time and they said ok and hung up. A few months later I got a notice from the Jefferson County Court House stating that I was being sued for the amount due on the account and to please respond, which I did on their form, and stated that I no longer lived in Alabama. I then got a letter stating that it didn't matter that I no longer lived there, I would have to appear in court. I then called and was told the same thing. I told them I couldn't make that court date due to work and they said "oh well". So the Attorney's got a default judgement against me. Then in March I was shocked to find that my partners tax return had been taken out of our joint savings account and our joint checking account had been wiped out with no notice of garnishment. When I called my bank, they told me that they received a garnishment first from Tennessee then from Alabama for two separate amounts. Then I called the attorney's office to find out what was going on and they stated that they filed for one but had not yet received the money. Now it's going into July, they supposedly still don't have the money even though I sent in a letter telling the courts to release the funds, they told me the bank is still holding the funds and that they're still charging me 12.9% interest on the full balance because they don't have the funds yet even though I worked out 75$ a month payments to pay off the remaining balance.

My question is 4 parts: 1) Was it legal for them to sue me in Alabama when I lived in Florida, 2) was it legal for them to garnish my account even though it wasn't my money and they didn't send me notice first, 3) can they still charge me interest on this account and 4) can I counter sue?
Submitted: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 12 minutes by:
6/25/2010
Lawyer: Ray, Lawyer replied 8 years ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,925
Experience: 30 years in civil, probate, real estate, elder law
Verified
Thanks for your questions.Lets go through them.They levied on your bank account.That different than garnishment which is for wages here--they might do that next.The levied money here likely isn't coming back botXXXXX XXXXXne.

1) Was it legal for them to sue me in Alabama when I lived in Florida,
Since you didn't challenge yes they can get a judgment

2) was it legal for them to garnish my account even though it wasn't my money and they didn't send me notice first,
Yes a levy here is different.No prenotice here unlike wage garnishment that requires prenotice.


3) can they still charge me interest on this account and 4) can I counter sue?

Interest accrues here on unpaid judgment by law until paid.You are confusing an account here--they closed that and the judgment which continues to draw interest.The way out here at this point is to file solo bankruptcy .Otherwise they are going to keep after you here with more collecting.
Ask Your Own Legal Question
Customer reply replied 8 years ago
But I did challenge it. I no longer lived in Alabama and according to a friend who is a paralegal, they should have come to Florida to proceed against me instead of alabama. And my last question is can I do anything to fight this?
Lawyer: Ray, Lawyer replied 8 years ago
It's too late to challenge it.You would have had to make what they call a special appearance.It is a specific pretrial means to challenge jurisdiction.Using a paralegal for this or writing a letter was not the way to go as there are specific requirements and if you don't follow them you are deemed to have waived them.Thats what happened here.The judgment is long since final.

The only real option here is solo bankruptcy.Otherwise any account here in your name or social is vulnerable.I have done collections.They are ruthless and they won't quit here.And he interest keeps building.At least do free consult here with a local bankruptcy lawyer.In your yellow pages there are a number that offer this to get your business.This is way worse than you thought it was and its not going away.They have you zeroed in here and will continue to harass you.
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,925
48,925 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
If you get a civil judgement against you, how can they
If you get a civil judgement against you, how can they recoup their money … read more
Michael Gonzalez
Michael Gonzalez
JD
585 satisfied customers
Can there be a lien on social security disability?
I have finally received Social Security Disability after 5 years (SSDI) of hearings and delays. I have received most of my six years of arearages. I have read that only the Federal government can put … read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,438 satisfied customers
There is a garnishment order on my wages but I dont make enough
There is a garnishment order on my wages but I don't make enough to have my wage garnished. If I make arrangements to pay them an amount each month, can they still garnish my tax return?… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
I was laid off after 11 years two years ago- Since then I have
I was laid off after 11 years two years ago- Since then I have been struggling to meet my expenses. When I got fired I called all creditors etc and asked for help. capitol One refused to do anything u… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
moved to alabama a year ago my car was bought in central florida
moved to alabama a year ago my car was bought in central florida , now registered in alabama no longer afford to pay for it due to medical bills. itwill be repossessed can they garnish my wages on car… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My wife bought a house and i signed off rights to it. The DC
My wife bought a house and i signed off rights to it. The DC Ranch home owners filed a civil suit never received service. They filed for default judgement got it. Now they filed for garnishment and ne… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
My mother received a judgement against her in 2007 regarding
My mother received a judgement against her in 2007 regarding an unpaid credit card ($8100.00). As a result, the lawer motion to garnish her wages and was granted to garnish her wages. Here is the prob… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
I had a garnishment placed against me March 2010. (Alabama)
I had a garnishment placed against me March 2010. (Alabama) The garnishment listed the amount of judgment; $2648.00; costs of $150.00 and interest of $352.73 totalling $3150.73. This was paid within s… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
My wife got a writ of granishment and we live in Colorado,
My wife got a writ of granishment and we live in Colorado, it is on a credit card in her name. She was working with a law firm that was suppose to work out an agreement with the credit card. She got a… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,294 satisfied customers
In 2/09 I took early retirement as my only option from my job
In 2/09 I took early retirement as my only option from my job of 23 yrs. This was when the bottom fell out of the housing and job market. I turned to a financial agency to help me get my 1st and 2nd m… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
state of florida. beneficial garnished our joint bank account
state of florida. beneficial garnished our joint bank account for an old signature loan in just my husbands name. we filed a claim of exemption because my husbands only income for the last two years i… read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
As a guarantor for a small business loan in New Jersey, that
As a guarantor for a small business loan in New Jersey, that has gone into default, because the business is in the process of officially disolving. Are my Florida investement accounts both 401K and pe… read more
Ray
Ray
Lawyer
Doctoral Degree
48,925 satisfied customers
A creditor took all the money from my bank account $5600.There
A creditor took all the money from my bank account $5600.There was a court judgment against me.I got no prior notice from the bank,and some of the money in the account was not put in by me. This was i… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
i have a legal levy against my bank account for a credit card
i have a legal levy against my bank account for a credit card debt from a previous marriage. the amount was never removed from the account, even though there was sufficient funds to cover the debt. ju… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
credit card with a $500 limit charged off oct, 14,08 being
credit card with a $500 limit charged off oct, 14,08 being sued for $1181.22 balance claimed due as of 3-19-09 plus post judgment interest at 6.00% or 12.00% the maximum under alabama law. what if any… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Hello, I had my 88 year old father in my checking and savings
Hello, I had my 88 year old father in my checking and savings account for convenience. He dies last year and this past week I learned there is a judgement against him in California. Needless to say, m… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
my husband and I have a joint account and he has a garnishment
my husband and I have a joint account and he has a garnishment against him but they are taking the money from his employer but will not let me get the money out of my account. What can I do to get thi… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
A debt collector garnished my checking acct for $1700.00.
A debt collector garnished my checking acct for $1700.00. The debt is in my wife''s name. We have a joint checking acct. I''m the only one that earns income. Everything was taken out of checking & sav… read more
Lawgirl
Lawgirl
Founder
Doctoral Degree
4,606 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x