Legal Question in Credit and Debt Law in New York
overdrawn?
For several yrs I have had a savings account with a popular bank. The account is basically for my small paycheck from my seasonal position in another bank and small weekly child support payments I receive from my daughters father. recently I attempted to make a withdrawal and was informed that my account was overdrawn more then $4,000. That through a court order a debt collector was paid this amount. i do not know where this came from as I have no credit cards and have never had that much money in my account. Why would the bank pay a debt collector money I do not have? How can there be an over draft for that much if I never had that much in the first place. and why was I not notified by this debt collector. I would really like to know what my position is now. As I surely don't have that kind of money. Do I owe the Bank? Who are these people who were paid ? and why wasn't i ever notified if I did indeed have an unpaid debt? do debt collection agencies have that kind of power? can they get a court order and take money that you don't have?
i will really really appreciate any advise or info you can offer me because I am certain that now the bank will attewmpt to take my child support payments. thank you very much
2 Answers from Attorneys
Re: overdrawn?
This seems to make no sense at all. No bank will give over money without a court order.
Feel fre to contact me by e-mail with your phone number for a free consult.
Good Luck
RRG
Re: overdrawn?
You have to get a copy of the document that was provided to the bank which resulted in the apparent removal if the funds. It should contain all the info necessary to determine who sued you and when the judgment was entered against you that resulted in the "order" to the bank. It was most likely NOT an "order" but a post judgment restraining notice (an attorney can issue that) which resulted in the funds being restrained...since you don't provide dates I can't tell you what will happen BUT you should go to the court where the judgment was entered and IMMEDIATELY file a motion called an ORDER TO SHOW CAUSE...which requires the judgment creditor to show cause why the judgment should NOT be vacated. Since money was apparently removed from your account you ought to demand in that OSC that the funds be replaced should the court vacate the judgment. so, get the docs from the bank, file your motion to vacate the judgment and you will then have your chance to put the creditor to its proof...they have to divulge the nature of the debt and why you are liable...
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