Credit Card Issuer Seizes Funds from Bank Accounts

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Templar

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What you are about to read has actually happened.
It seems suspiciously illegal and unethical.

The background is as follows:

1. Subject had approximately $6,000.00 in credit card debt to a major
national credict card issuer. Debt was incurred when subject lived in
Maryland.

2. Subject later moved to Florida - subject did provide change of address,
and has since received credit card bills at residence in Florida and made payments from
address in Florida.

3. Subject had continued paying at least the minimum payment due.

4. Sporadically, subject had paid more than the minimum payment due.

5. All payments were made by check by the dates due. All checks were cashed by the Credit Card issuer.

6. On >date< , subject noticed all funds had been removed from
subject's private checking accounts - both personal account(s) and joint
account(s) with children, which subject held at a major Credit Union.

7. Upon inquiry, the Credit Union informed subject that the Credit Card
issuer had presented a "judgement" allowing the seizure. The Credit Union then removed the funds from Subject's accounts.

8. At no time did subject receive any "payment in full due" notice.

9. At no time did subject receive any notice of impending litigation.

10. At no time did subject receive any summons or complaint.

11. At no time did subject receive any notice of judgement awarded.

12. The funds were simply removed from the accounts, not "frozen".

13. At no time did subject receive any notice nor explanation of this
activity from subject's Credit Union.

Basically, the subject didn't know any of this was occurring until, suddenly, there
were no funds in subject's account(s).


Assuming all the above is true - does the subject have valid cause to initiate
legal action against either the Credit Card issuer, or the Credit Union, or both ?
 
Further investigation reveals slightly different facts
(those of you familiar with these things probably expected as much)


- in 2006, Credit Card issuer turned over the debt to a collector - ASSET ACCEPTANCE.

- Subject did receive notices from the collector.

- Subject maintains no summons nor notice was received regarding a "judgement" that appears to have been awarded.

- During this period, subject was laid off, and continued sporadic payments, as much as was affordable - ranging from 0 to double minimum during a given month.

- ASSET ACCEPTANCE recently provided the Credit Union with the Judgement doc, after which the Credit Union FROZE subject's accounts (the money was not "removed").

- Subject has now received notice of impending wage garnishment, and has 2 weeks to respond.

- Subject is now re-employed and wishes to honor the debt, but obviously cannot pay a large lump sum.

What is your best advice for the subject at this point ?
 
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