Legal Question in Credit and Debt Law in Georgia
frozen checking account
In Jan of 2008 I tried to settle a very old debt. I sent a certified letter with a post dated check. The letter was signed for letter and they immediately tried to cash the check even though my letter and check were clearly marked post dated. When I called to make sure they wouldn't try to put the check through early again, they were non-commital on any request, including my speaking to the attorney that my letter was addressed to. Now they have gotten a judgment against me in a county where I do not reside without ever serving me with papers to appear in court.
Is there anything I can do?
1 Answer from Attorneys
Re: frozen checking account
From your post I doubt you can fix things (you did everything wrong) although without seeing the paperwork I can't say for sure. You have learned an expensive lesson - next time spend a few dollars on a lawyer before you do things. After the fact is too late in almost all cases, and, when it isn't, mistakes like yours are usually expensive to fix.
Post dated checks are not legal and violate your banking account agreement - they can be deposited at any time. The certified letter does not matter. Most debt agreements have language that says a partial payment is not an accord and satisfaction unless they agree in writing (signing for a letter is NOT an agreement).
If you moved the judgment likely was done in either a former county of residence or one that is specfied in your loan agreement. (We'd have to see the court case to know).
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