Originally posted by: PrinceofWands
Originally posted by: Darwin333
Originally posted by: PrinceofWands
Originally posted by: Darwin333
Originally posted by: Caecus Veritas
first thing i'd do is go into the branch and talk to the manager. find out exactly what the problem is before doing anything else.
Absolutely. A bank doesn't just freeze peoples assets because a lawyer wrote them a letter. They will have some sort of court order telling them to do so. With that info you can find out exactly what and who they say that your mother owes and decide a course of action from there.
I still seems odd though. I couldn't imagine my bank freezing all of my accounts, including my safe deposit box which mostly holds my insurance documents, without at least notifying me of exactly why they where doing so.
Not even remotely true. There are so many little tricks in place already that it's impossible to know them all. I've had accounts frozen multiple times, and even had the accounts of family members frozen, all without ever once having any involved party talking to a judge. There are a number of agencies with that power and banks will ALL defer to them completely. If you put your money in a bank you have absolutely no control over it. That's why I haven't used a bank in many years, and absolutely never will again.
That being said this sounds like a scummy credit company and mimics something I've gone thru with AFNI (the single most evil collection agency in the free world today). You can eventually beat them, but it takes a LOT of work.
I don?t know anyone that knows anyone that has ever had a bank account frozen. How in the hell have you and your family had them frozen
multiple times ??? Sounds like ya?ll need to get right with Uncle Sam.
Regardless, you are simply wrong. My wife works at a bank. I just talked to the regional manager, who is a friend of ours, and she said that without a court order or an order from the IRS (they don?t need to go through the courts) they can not and will not freeze a bank account. A creditor must obtain a judgment in order to have your bank freeze your account.
Even if it was legal, the bank is not going to take on that kind of civil liability on the word of some jacklegged lawyer. If that lawyer is wrong the bank opens itself up to a huge civil lawsuit. A tort lawyer would be foaming at the mouth to get a case like that because of the absurd amount of damages that you could claim from having your bank account and safe deposit box frozen.
First off, fvck off telling me I'm in the wrong when you don't know a god damned thing about it. Second, I already said most people would never be in the situation, but it can happen - so you not having first or second hand experience with it really doesn't mean a thing.
My brother is a bank VP as well (well credit union now, but he was at a bank before that). He was as shocked as we all were, but after looking into it agreed that it's just one of those things that can happen when everything falls just wrong.
In my case I am divorced and my ex is an expert at manipulating people to her will. She managed to con DSHS into seizing my father's bank accounts (as well as my own) claiming that I was giving all my money (which didn't exist) to my father and then letting him pay for everything (mind you I was not delinquent on child support at the time, she was just angry that I had managed to get my amount reduced and knew he had lots of money). They (DSHS) ordered the accounts seized and it happened without first notifying us, and without ANY contact with a judge. After it was done we received notice that the money had been taken and if we didn't agree we could go to court at our own expense, which we did. Immediately after filing the banks release the accounts but the money was forfeited to DSHS and was never returned...instead being applied to future child support payments. Let me reiterate that: my fathers money was taken out of his account by DSHS without me being delinquent and was applied to my FUTURE child support payments. The judge told us that because I had signed on my fathers accounts (in order to streamline being the executor of his will should he die) the accounts were associated with me and could be lawfully seized by any actions against me. They also said that because I had gone into delinquency previously (while I was in the process of having the amount reduced) DSHS had reason to require guarantee of payments and so agreed that they could seize my accounts at any time without requiring further court action, as well as maintaining a lien on my vehicle. The fact that I had already won in court and had all past due balances eradicated, and that I was current on my new payment schedule, was utterly meaningless.
As for the second time it was a creditor, not a state agency, and it was a little different. My ex was given full ownership and responsibility for our car in the divorce. She ended up getting the car repossessed. I was never notified about any of it. One day I tried to draw money and all my accounts were frozen, all my money seized. The collection agency had gone to court, received a judgment against me, and had gotten them seized. Again, without making any attempt to contact me. They had contacted my ex initially who had told them that I was the primary signer on the loan but had fled and was un-contactable. When I contacted them and explained the situation they were very nice about it, but refused to change anything. No action was ever taken against her; despite being the second signer on the car loan AND having full responsibility for the vehicle assigned in the divorce, not to mention lying to them. That was 8 years ago and they still have the judgment against me, with absolutely no action against my ex. So technically they did talk to a judge, but I wasn't a part of the process and the whole affair was conducted under false pretenses.
Furthermore since changes instituted by Bushco there are a whole new kind of seizures possible, some of which have been widely publicized. This is all despite the total innocence of the people involved.
Long story short, people have no power or rights, and any attempt to seek justice will cost you more than you'll earn. Easier just to not put yourself in a position where you can be exploited.