Legal Question in Credit and Debt Law in Pennsylvania
Judgement and attachments
I have a judgement against me from Discover (handled by Wolpoff & Abrahamson) in April 2005 or 06. They attached my bank account August 2006, and again in October 2007. There was no money in the account in Oct. They attached almost double what I owed to the account. I talked with the bank and the bank said after 90 days, it goes into collections and I have to pay the bank collection and they will pay W & A. I will be able to pay off the account in Feb/Mar but I'm not sure who to pay. W & A is telling me not to pay the bank, but them...but if I don't pay the bank it will remain in collections. i don't want to pay this amount twice. I'm not sure what to do. Can someone assist me? They told me if I don't make a good faith payment by the end of this month they are going to try another way to get their money. Even after ''I'' called them to tell them I would be paying it off in February.
1 Answer from Attorneys
Re: Judgement and attachments
Your question is somewhat confusing. I'll try to boil it down to what I think happened.
W&A obtained a judgment against you. They attached your bank account but the funds were not sufficient to pay the entire amount of the judgment. There is a balance owed on the judgment.
Either the bank has paid the entire amount to W&A and is now demanding that you pay them or the bank paid what funds were available to W&A and W&A is demanding that you pay the rest to W&A.
If the bank has paid W&A the full amount the judgment should be marked satisfied and you owe the money to the bank. If the bank has not paid the full amount, then they may be trying to collect for some checks that they paid where your balance was not sufficient to cover the checks because of the attachment. If that's the case, you owe both the bank and W&A, although in different amounts.
You need to clarify who was paid what.
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