Hello,
I am writing in regards to my mother who is on permanent disability with a heart condition so I help her out with her financial issues, mostly in dealing with debtors who want more money then she can give right now.
This case has to do with an old credit account. There was a judgment on the account and since the judgment, three times they have levied her bank account. Being that he income in except, the first 2 times the money was returned right away. This third time, however, they are giving me trouble. Her only source of income are a disability pension fund and her SS money. She has a debilitating incurable heart condition so she can not work and believe me she hates that fact.
She was on a payment arrangement for $40 a month that stopped coming out of her account past November. They never sent her any statement or anything she she assumed the debt was satisfied and they never contact her regarding her debt since that time except for phone calls to a number not in use. There was NO written communication by their own admission.
The lady at the collection place said the money would not be returned due to comingled funds in the account as when you look back over 30 days you can see that other deposits were made.
Here are the questions:
1. The day the money was frozen, it was ALL SS money in the account. A SS deposit had come through the day prior and there was less money in the account then the SS money at that time so it is clear that the direct source of the frozen funds was SS money. Does that matter?
2. Her custom was to withdraw several hundred dollars after her SS check came in (because she was afraid of this very thing happening). She would deposit money as necessary as bills came in. So, in effect, she withdraw then redeposited the SS money. She has no other income and those other deposits were the money she withdrew being put back in and I can show that over the month period, more money was cash withdrawn then cash deposited. There is one deposit that reflects $500 I loaned her for a week until her disability came through and I can show the canceled check where she paid me back the next week.
3. What is my next step? If the above matters at all do I share that with the collection agency or should I try to go right to court?
Thanks for any help!
I am writing in regards to my mother who is on permanent disability with a heart condition so I help her out with her financial issues, mostly in dealing with debtors who want more money then she can give right now.
This case has to do with an old credit account. There was a judgment on the account and since the judgment, three times they have levied her bank account. Being that he income in except, the first 2 times the money was returned right away. This third time, however, they are giving me trouble. Her only source of income are a disability pension fund and her SS money. She has a debilitating incurable heart condition so she can not work and believe me she hates that fact.
She was on a payment arrangement for $40 a month that stopped coming out of her account past November. They never sent her any statement or anything she she assumed the debt was satisfied and they never contact her regarding her debt since that time except for phone calls to a number not in use. There was NO written communication by their own admission.
The lady at the collection place said the money would not be returned due to comingled funds in the account as when you look back over 30 days you can see that other deposits were made.
Here are the questions:
1. The day the money was frozen, it was ALL SS money in the account. A SS deposit had come through the day prior and there was less money in the account then the SS money at that time so it is clear that the direct source of the frozen funds was SS money. Does that matter?
2. Her custom was to withdraw several hundred dollars after her SS check came in (because she was afraid of this very thing happening). She would deposit money as necessary as bills came in. So, in effect, she withdraw then redeposited the SS money. She has no other income and those other deposits were the money she withdrew being put back in and I can show that over the month period, more money was cash withdrawn then cash deposited. There is one deposit that reflects $500 I loaned her for a week until her disability came through and I can show the canceled check where she paid me back the next week.
3. What is my next step? If the above matters at all do I share that with the collection agency or should I try to go right to court?
Thanks for any help!
