Went to order a Pizza over the phone using my bank card, only to be told my card was declined. I had just gotten paid via direct deposit and KNEW I had money. I went online to check my bank statement to find out what the heck was going on when I saw that my account was overdrawn $17k dollars!!!
I called the bank right away and they told me a hold was placed and gave me the Bank's legal department number. I called them and they said an attourney's office had submitted a Suponea against my account in the amount of $8k. They would not speculate on why the amount was doubled!
They told me that the amount in question was against my spouse. I immeditaely informed them that she has no income into this account and that she is only 'attached' to the accout for convience. They gave me the number and name of the Attourney (Forster & Garbus) who placed the hold.
I called them. The woman said the money owed was from my spouse. I explaind to her that I support a family of four, my spouse doesn't work, and I just got paid from a bi-weekly direct deposit paycheck.
The woman didn't care and simply said that I needed to have the Bank fax them a Q&A Suponea Worksheet and then that she would in return file to open the hold.
I recalled the bank and they said it could take UP TO 7 DAYS to file this Q&A. I was ripping mad at this point. I could not survive with NO MONEY to FEED MY CHILDREN and SUPPORT MY HOUSEHOLD for monies owed that aren't attached to mine!
This, of course happened AFTER business hours so I had to wait till the next morning to go see the bank manager.
In that morning, we saw the manager and explained our issue. She understood that ALL THE MONEY IN THE ACCOUNT was deposited from my job and in the history of the account ever being open (4yrs) there is no trace of my spouse EVER putting money into the account.
This makes the judgement claim against my account null and void since they cannot go after money (of my spouse) that isn't there.
The manager called the legal department and confirmed that I had spoken to someone. The said the only thing that could be done was to fax copies of my bank statements (last 4 months worth) to the attourney.
The attourney office was called and they said they needed the Q&A form.
At this point, everyone now knows the facts that its my money and the hold HAS TO BE OPENED.
But then all I get os the run around after that. The manager couldn't answer as to why the amount was doubled and the attourney says they can accept a verbal Q&A from the legal departmet. The manager calls the legal department but policies prevent THEM from making ANY CALLS TO ATTOURNYS! Then, the attourney says that they can't make calls to the legal deparment either!
Ins't sending a fax considered making a call...???
Anyways... The attourney obliges to make the call and gets the oral Q&A from the legal department. 5hrs later, the attourney calls me back to confirm she has what she needs to release my funds... But now theres a catch. I must now pay $200 to go towards the balance.
She stressed that she wasn't demanding, only asking for $200. Whom am I to argue? She has already held my money from my family for two days. So she extorted the $200 from me and said that now all she has to do is type out the release and fax it to the bank.
Its been 24hrs since that last conversation and my bank says they have received NOTHING from this lady and my funds continue to be placed on hold. I can't go to work becasue I have NO MONEY FOR GAS! I'm lucky that I have some food and drinks for my 2 children as my spouse and I have limited what we eat in case this prolongs itself over a long period.
And the kicker of this is, this so called judgment was awarded in Jan-08 from a debt that occured in Oct-01.
Not only is this PAST THE SOL, but we were NEVER NOTIFIED about any court proceeding over a judgement. But yet, they can come and take MY MONEY with no regard to my family and hold my life in jeapordy?!?!
Isn't there a way to file extortion charges against this company, and can't something be done to my bank that upon FACTS of the case that prove the sopena to be VOID, shouldn't they automaticly release my funds? Why does the law protect them, but allow to violate my RIGHTS to my MONEY?
Do you want to see how hurt my daughter was (who is 6) when I had to explin to her that she couldn't have the chicken nuggets and fries that I had ordered with the pizza, and instead had to settle for a sandwhich?
If a creditor can look up your credit report, then can see if your working or not. And the other thing this attourney said was that they didn't know what bank actually held the account... They had sent out suponeas to 30 different banks to hopes to 'catch' the right fish.
So if my spouse had other accounts, then that would mena they too would have become frozen.
This place put my family through hell and beyond... All over a junk debt... And yet it seems that us 'poor' people can't return the favor and sue their azz off for treating us like this!
What will my daughters be eating today? Probally another sandwhice till the bread runs out. Then its backup supply of Ramen noodles! Me and my spouse? I just finished a can a tuna and the wife had a hotdog. Thats all for today! Its going on the weekend and of course NOBODY works on the weekend!
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