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Credit problems - Bank Account Restrained

EKKC

Diamond Member
My mom has been notified by her bank saying that her account and safe deposit boxes has been restrained from her access for one year due to a Notice served to the bank by this company called NORTH STAR CAPITAL ACQUISITION LLC for an amount of $2563.08

A simple google search of that company returned many results saying that this is a scam company that are hellbent on collecting old/expired/uncollectable/cancelled debt accounts, garbage/dumpster diving bastards who now take ownership of the bad debt and have scumbag notaries and lawyers to legitimize these debt accounts and sue innocent people for money they never owed. I called the law offices who is representing them and they won't even tell me what it is about. How is this even possibly legal? and why aren't the feds shutting them down?

I'm going to find a lawyer to counter-sue these bastards. Anyone have any idea if the bank can un-restrain the accounts? this is going to be such a pain in the butt for my parents... :|

edit: changed the topic summary since a lot of you seem to target my emotion at the moment of the original post, which is getting pissed at the fact that this was allowed to happen in America.

edit 8/21
here's an update:

Contacted Lawyer, court order sent to bank was under a different name.
Possible stolen SS#. Contacted local police. File report.
Experian = clean. Transunion = ??? Equifax = wrong name, wrong address, same SS# with delinquent CC accounts.
After speaking to the bank to tell them that court order was under a different name, the account was unfrozen and restraint notice has been lifted. bank didn't even say sorry or apologize.

Now: considering legal action against bank. hard to beat teams of bank lawyers but maybe we can threaten to go to local newspaper or whatever, at least get them to do something to prevent us from giving them bad publicity.
 
Originally posted by: binister
Does your mom know what the debt might be from?

she pays everything on time. she has no other loans/mortgages/accounts
we're a chinese american family. she is super careful with her SSN and never even use credit cards and anything. Even her cell phone is under my sister's name. there couldn't possibly be anything under her name. I just checked her credit on annualcreditreport.com and Experian/TransUnion are blocking access to her report, when they asked a few verification questions and asked what loan/mortgage she has opened in January 2007, and I could not give the site any information since she did not open any mortgage accounts.

Equifax reports no problems, and says she has 2 open accounts, both under good standing.

stupid crooks.
 
Send them a letter asking them to validate the debt in writing, not to conatct you by phone. I think they have 30 days to respond. After that you can get them for damages.

edit, be careful with old debt. Sometimes it is beyond the statue of limitations and depending on your actions the clock could be restarted.
 
Originally posted by: Old Hippie
To get this far, somebody was probably ignoring notices. I'd definately start with my parents, and go from there.

Well, unless my mother is a liar, she hasn't been served any notices at all.
Again, if you do a simple google search on that company, you'll find out that these are not your normal debt collectors. how they can possibly operate under the law is beyond me.
 
Originally posted by: Old Hippie
To get this far, somebody was probably ignoring notices. I'd definately start with my parents, and go from there.

Why are your parents running up debt under his mom's name? :|

😉
 
There have been stories about some scam collection agencies buying unclaimable debt fro credit sources for less than 1c per dollar. They also use a lot of illegal tactics included going after debt that has passed the statute of limitations. I'd find a source/person that knows what you can do to at least get rid of them or return the favor and sue if you can record them doing things beyond the law.
 
Originally posted by: EKKC
Originally posted by: Old Hippie
To get this far, somebody was probably ignoring notices. I'd definately start with my parents, and go from there.

Well, unless my mother is a liar, she hasn't been served any notices at all.
Again, if you do a simple google search on that company, you'll find out that these are not your normal debt collectors. how they can possibly operate under the law is beyond me.

I'm definately not calling your mother a liar, and these "debt collectors" have a very bad name. I'm just trying to start at "Go".
 
No bank can take orders directly from a collection agency. There must have been a court ruling against her. It would take a direct order of court, or government tax agency to seize or freeze any assets. The bank must tell your mom if they have been ordered by a court or government agency. If they will not tell her the truth, she needs to go the the federal banking regulators.
 
Originally posted by: compuwiz1
No bank can take orders directly from a collection agency. There must have been a court ruling against her. It would take a direct order of court, or government tax agency to seize or freeze any assets. The bank must tell your mom if they have been ordered by a court or government agency. If they will not tell her the truth, she needs to go the the federal banking regulators.

exactly, thats why i said in the OP that they probably have scumbag notaries and lawyers doing the dirty work to go to court (she was never even contacted by anyone)

again, my mom would have the most boring credit report possible. 2 accounts (thanks to student loans for her children - me and my sis - paid off in good standing like 5-6 years ago) and no credit card, no cell phone accounts whatsoever to speak of. and she gets this? even i would miss a credit card payment once in a blue moon and for this to happen to her because of some mafia sponsored companies are doing the dirty work to scam her is just pissing the hell out of me.
 
Originally posted by: compuwiz1
No bank can take orders directly from a collection agency. There must have been a court ruling against her. It would take a direct order of court, or government tax agency to seize or freeze any assets. The bank must tell your mom if they have been ordered by a court or government agency. If they will not tell her the truth, she needs to go the the federal banking regulators.

exactly. your mom better get with the bank and find out what judge or court issed the siezure order.

something about this isnt right and smells.
 
How about taxes? I would be surprised if a judge would freeze a safety deposit box. The Gov't on the other hand.
 
and Experian/TransUnion are blocking access to her report, when they asked a few verification questions and asked what loan/mortgage she has opened in January 2007, and I could not give the site any information since she did not open any mortgage accounts.

I am surprised no-one else asked about this. Sounds like there is a good chance someone opened an account in her name and now the collection agency is just doing their job. The notices probably never even went to your mom...
 
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.
 
What does this have to do with America? Oh that's right, in other countries they just murder you or the government just takes your money.
 
Originally posted by: SoundTheSurrender
The gov. just takes our money too in America.

well played.

i don't see how OP or his Mom missed the numerous letters that would have preceded any type of order that would allow a credit company to seize assets but even still, phrases like "she had no cell phone contract to speak of" would make me think twice of the legitimacy of this claim.

edit- "no cell phone accounts whatsoever to speak of." sounds like double speak.
 
Originally posted by: JS80
What does this have to do with America? Oh that's right, in other countries they just murder you or the government just takes your money.

Are you that dense? Being better than other countries is not good enough. A person's assets should not be frozen over something as trivial as a minor bad debt without giving them a chance to defend themselves. That shouldn't happen in this country. That is what the OP is getting at.

Man, you're stupid.
 
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