Capital one filed a judgement against me throught a local attorney, Eichenbaum and Stylianou, LLC.
The local civil part of the bergen county court put a notice in the entrance of my apartment buidling (note of execution).in the meanitnem I contacted the lawfirm and agreed to make two payments. However, I was sick and was late in sending the first check but I called them to let them know.
When I checked my checking account the next day, they had put a hold on 1200 of my checking account and no one notified me. The next day I called the attorney;s office and told them, and they said they didn't know. I said how can you not know you are the attorney for them. The woman told me it would take 3 months after the judgment was satified to take a hold off my account.
I said how can I pay you when they took my money
The woman told me can't I borrow it. I said but it will take three months to repay them. She told me that the money was not in escrow account with Captial one. I said you mean to tell me that you want me to pay them so they can hold my money for three more months. She said this writ went into effect, even though I made the arrangement. I said why can't they just take that money they have on hold to satifisfy the judgement and she said if I don't pay in three months they will use it. I said but why can't they do that now. She said because she has to wait to get the info from the local court. I said that is illegal and I will sue Capital One, since the time is still withing the statue of limitations.
She got very quiet and said that it would take 30-45 days. I repeated that it was illegal to take my money and that part of that money was child support and they cannot touch that. She said that I cannot contact Capital one directly. So i refused to make any payments because they already had my money.
I really think that this is unlawful and shouldn't the law firm be able to get the information almost instantaneously. If I had not waited, my check to them would have bounced and I would have been overdrawn on my account.
She said well when I asked you for banking information last week you wouldn't tell me m, you told me bank of america, I said how could I when I don't have account there She said that I refused to tell her my bank info and she had that written down. I said I may have refused to give you the account info but bot the name of the bank. She didn't say anything. SHe put me on hold for quite a while got back on the phone and said ok. She was extremely polite but very very quite when I hung up the phoen I said you can tell then they have my money and they are not getting anymore.
I also had to dispute my credit report when on another jdugement after it was satisified they failed to report that. That was the lawfirm's job.
I might be poor at handling my money but I'm not idiot and I know that if I make an arrangment then the law office should be able to stop that writ. But they didn't.
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