creditor garnishing my bank accounts and took all my savings--legal question

it is not stopping with the stress load and every time something happens again i want to end living on this earth. i can't handle the stress! it makes me shake and tremble to the point where i feel like i can have a heart attack from all of this. it's just not letting up. i feel like the Universe has a conspiracy against me for sure. is that true? or are these things like my computer being broken and a creditor taking the my whole saving account (which didn't have very much but i was saving it for years) are this things mishaps to deal with--i can't tell?

 

so this creditor i guess forced my bank to try to garnish my account. but since i only receive a disability check/federal income they couldn't touch my checking account, thank God--and i think? i read the letter three times but still can't make it out as i just shake and shake.

 

so for now, looks like i've been charged $75.00 and the rest of the savings has a hold on it. which means since it's under a certain amount it will start having fees attached and just go down from there and i can't do anything? i need an Attorney to help me do bankruptcy. i never thought this would happen. my parents are children and cannot help me. i am totally and utterly alone in this and now i need a good Attorney. i also need to know how i can get that charge back into my savings account and the hold off so i can close the account and should i talk to the creditor's directly?

 

sorry this isn't a full on benzo post but the fact that i can't distinguish between if this i an everyday mishap that people need to deal with or is the Universe conspiring against me? and i can't believe i am still vibrating, shaking & tremoring at almost 16 months.

 

any positive thoughts are welcomed!

thanks, prettyD

Oh dear, I'm so sorry all this is happening to you.

 

I'm in Australia, so the laws here are probably completely different. I just did a quick google search of how you declare bankruptcy here, and I found quite a bit of information online about how to lodge forms etc. So, if I was you, I would do that first, before you start employing an expensive attorney.

 

Do you have anything like "Legal Aid" in America? In Australia, people on low incomes are entitled to free legal assistance if they meet certain criteria. Maybe that is something else you could look into.

 

Also, have you actually talked to this creditor? Quite often you can negotiate something suitable with them before you go to the extreme measure of bankruptcy, because that is something you really don't want to do unless you have to.

i haven't spoke to this creditor but i am going to call them and tell them i am very sick and to please leave me alone. i would rather that come from an Attorney. i must get an Attorney. this isn't my only creditor. but it sure is the only one that has done this. i am so scared right now. i am so alone and my family just can't help me anymore.

 

they got me into this mess. i've been so sick in tolerance withdrawal for over ten years. then diagnosed with MS which i'm not really sure about. now trying to be free from benzo's and just keep getting tied down and held back. i feel so shell shocked about everything that i walk around saying "this can't be my life"

 

i am afraid i will go over the edge and just end it. everytime something like this comes up i can't handle it. i can't handle when my computer has something happening to it.

 

my father kept telling me to "use your credit cards--i will pay them" but then he couldn't pay them anymore. so now all of us are stuck under one roof-- me, my brother and his daughter, my mother and my dad because everyone is sick and no one has any money. i seriously can't believe this is my life and now my savings is gone! i hate when even a penny is taken from me by anyone. and i want it back! i don't know where to start?

I think your first step is to definitely speak with the creditor, and perhaps even the other creditors you have. Whenever I hear anyone asking for help when they get themselves into financial trouble, that is always the first piece of advice that is given. Explain to them your health issues. Maybe even get a letter from your doctor. See if you can get some kind of legal assistance, because you certainly don't want to be spending any money, that you don't have, on legal advice, if you can get it for free somehow. Maybe even a phone call to your bank might get you some free advice.

There are costs associated with filing bankruptcy that you probably could not afford, so I would look for free legal help from an agency that helps people who are on a low income. Most likely your creditors would never be able to touch your disability payments as they are deemed necessary for daily living and can't be taken from you. As for getting your savings back, I can't see how that can happen. If you default on your payments creditors have a legal right to take whatever they can get.  My advice would also hinge on how much you owe and to whom. When it comes to credit cards you can contact them and get a much lower interest rate if you tell them that if they don't agree to that they won't get anything as you will declare bankruptcy. I would imagine this has be coming for some time? How far behind are you? Do you have a friend that you could give power of attorney to? If you designate someone that you trust and sign papers they can do any legal stuff on your behalf. Anyone who is disabled should have that set up. As for your bank account you would need to talk to your bank. Again, that is something that someone with power of attorney could do for you and it wouldn't cost you anything except the cost of getting it set up. Go for the lowest level of legal help you can get. There are others such as notary publics that can help you with legal issues. Most lawyers would charge too much but many of them offer a free consultation so you could look into that. I'm in Canada so things may be different for you. If you file bankruptcy you will be limited for seven years (I believe) as far as ever getting any credit again. It is a last resort. I hope that helps.

i don't know what to do? this really fucking sucks! i can't handle this right now. i can't believe my savings is gone. i had very little in that savings account for years and years.

 

yes, this has been happening for some time. i was just waiting until i was a little better and could deal with this. i guess the Universe thinks i am ready to deal with this now. there has to be some kind of lawyer's or attorney's who do some kind of pro bono? i have lot's of creditor's and if i told you the amount--it would certainly shock anyone. my family and i have been living like this for way too long and i guess it's time to get responsible. which i am all for--except i don't feel good and don't feel ready.

 

tomorrow i go to my bank to talk to them. i just saw on my account that they took the hold off my savings. the charge is still there. they charged me $75.00 for something. and they had put a hold on the rest--but now it's off. if that is true then i could possibly take the rest of the money out and just close the account.

 

then call the creditor and let them know what is going on with me. and then try to find some help with this. i don't have even one friend right now. i haven't seen anyone i use to know in years and years. this tolerance withdrawal really did me in, a lot worse than some other's on here and i am not afraid to talk about it. i haven't been out in the world in years and certainly not in the last 15 months as i just can't-- sick too still.

 

just have a roof over my head because of my family but otherwise they are dangerous people who do not know how to live rightly and sure didn't teach their children how to live rightly or be responsible and i am learning how to do this, by myself, at a late stage in life, all alone.

 

it sucks!

The extreme anxiety that you are feeling will subside eventually. I had the same reaction to life events and felt so out of control and I am a control freak. I filed for bankruptcy in 2006 and it cost me about $800.00 as a one time fee and I didn't have pay anymore. Free legal assistance is also available. Try calling 211 to get a referral.

thanks trad969,

 

i will call 211 tomorrow. Gosh i have so many things to do all of a sudden tomorrow when i still really can't do much. God must really think i am ready to handle all of this.

 

i've got the medicare to take care of and see if my appeal on the suboxone went through.

i am used to laying in bed all day. i still don't sleep at all a night-so i have to get my sleep in the early morning and certainly not enough to handle this crap.

 

thanks everyone! i think i do need to file bankruptcy. although $800 is still a lot. that is like my whole disability check. everyone really should always have a good attorney in your life--don't you think--just in case.

 

i am a control freak too and i need perfection. i am writing a song and i am titling it "perfection" perfection is nice too

Hi P, you are handling things fine. Just take things one step at a time. I don't know if we are allowed to post links here or not so I just googled Ventura County bankruptcy and a few websites came up that you should read to get an understanding. The lawyers do offer a free initial consultation. If you owe a lot and have no forseeable means of paying then bankruptcy probably is your best bet. Just be sure you understand the consequences. Good luck!

Pretty maybe you should talk to a bankruptcy Trustee before doing anything. He/she should be able to advise you about alternatives to bankruptcy.

 

I'm sorry this is happening to you, it would be extremely stressful under the best of circumstances, let alone benzo w/d. Hope everything is cleared up for you soon.

this is what i did and do.. i changed banks,and just forgot about my creditors i have a f it atitude towards them now, i get letters and i just diregard ,i see it like this how they gonna collect if i'm sick or god forbid dead...i'm not letting no creditor stress me,my credit is bad  but guess what even the people that are healthier in better shape don't pay,so i wouldn't stress it, this is just the way of the world its just that the poor suffer more ... take care and god bless, i also buy lottery tickets and sometimes i win  a good chunk, .

Pretty, I went through something like this a few years back. I had run up an astonishing amount of debt, thanks to having less self control from the benzo. Ended up doing a bankruptcy. I  used a lawyer and am glad I did.

I wont try to advise you. But wanted to say that all you can do is cut your losses and move on from this. You cant change what's happened, but dwelling upon it is pointless.

Instead, try to see this in a positive light.....The Universe IS trying to steer you in a new direction.

east

I'm not an attorney but I have been through this myself and if the creditor is a point where they are able to get into your bank account they must have already obtained a judgement against you. The one exception to this I can think of that happened to me is if your savings account is at the same bank that you owe money to. If it was, say, Chase who you owe money to and your savings account is with Chase, you probably signed a paper when you opened your account that says that they have the right to automatically raid your account if you don't pay.

 

One thing you really need to keep in mind is that you need to pay close attention to legal papers that get sent to you. It's one thing to ignore a creditors phone calls and letters, but don't ignore court papers. You would think that the worst thing that could happen is that they take your money but the reality is that if you fail to comply with certain court orders when a creditor is trying to collect, it can get a lot more serious than that.

 

I don't mean to scare you but you really should talk to an attorney. There are usually lots of ways to work the system to your favor but you need to make sure that you are complying with things as far as the court goes. Bankruptcy would probably help eliminate a lot of your problems but you need to get professional advice and find out all of your options.

bankruptcy is going to have to be the only way out of this. i've igorned the phone calls and the letters that came directly to me door for far too long. this has been going on for about 8 years. i am the kind of person who always has every intention of trying to work things out and make some kind of deals with these people but it's too much for me now. i am still way too sick.

 

i don't forsee myself working in the near future unless some kind of miracle happens. they took my whole savings account today. so i called and spoke with them. i told them they could either put the very little money i had in my savings back and i would pay them a very small amount monthly from my disability check and he said he would talk to his supervisor and get back to me.

 

i said, "look, i almost dead right now and have been sick for a very long time. either you take this amount or what you took from my savings is all you will ever see from me"

 

i am really afraid that they will take the disability money that is in my checking but the letter said that the federal checks are protected. does anyone know if that is true? i swear to God if i check my account tomorrow and they take that then i am a dead man without any money at all and it would be hell to get it back. i am still trying to get my savings money which was very little but still. the feeling of unsafety runs rampin throughout my veins and i simply can't live this way any longer.

 

my mother found an attorney and we are both going tomorrow. my whole family is in debt. i do hope this is the Universe's gentle way to clear away this debt from me and help me start over but it sure is scary. i had just asked-- *the Universe*- to please wait until i am stronger and better from this benzo withdrawal but evidently it thinks i am. i had so many stressful things happen this week it was unbelievable and i am still dealing with all of it.

 

i had to rapid taper from my suboxone and i am still trying to appeal the brand name pills. i only have a few left and i'm down from 12mg to 6 mg so i am in opiate withdrawals now too. i had to do a second appeal with medicare today and not sure if i will win which will mean i will have to rapid taper the rest now or possibly even c/t from the suboxone or go on subutex.

but yes i do wish to totally be off that drug so this is happening. i want to go a bit slower but i was having trouble with that so the Universe took care of that did it. i can't take the film or the generic and i miss the brand name pills, they were good and felt different-- this totally sucks!

 

i got some spyware and malware on my computer and i was freaking out but i got it fixed and it's all paid for and seems to be working nicely. i thought i was a virus but now i know to really read all the fine print when adobe demands to be updated and installed. but i still paid one hundred dollars for them to remove a toolbar.

 

and now this creditor thing. so i will see what the attorney says tomorrow. but i think bankruptcy would be best because my credit is bad anyway. this way i could start all over and try to make payments on certain things like a bicycle i want or tires for car. i am good with money usually--sorry to say that this is my father's and "klonopin" fault. this is not me at all. this is being under the spell of klonopin and opiates and my dad saying over and over 'use your cards, i will pay for them--don't worry' and that's what i did!

 

thanks Guys! will let you know what happens!

In the USA, unfortunately, a bank can take whatever money they feel is owed to them. I had a situation with Citizens bank where they implemented a new fee for my checking account, didn't tell me, took the money, gave me an overdraft fee, and charged 6.99/ day because of the negative balance! I took my paycheck and moved to another bank. There is always the option of cashing whatever money you have and putting it under your mattress. I HATE the banks and think that everyone should do their best to avoid them.

 

In your situation though, I suggest opening another account before they report you to the credit bureau. Also, a lot of times whoever the creditor is will try to work with you. Try calling them and asking for a settlement. Even sending a dollar a week will reduce the debt eventually. Good luck!!!

i did call them today Coasterguy! i told them my situation and will probably receive a phone call at the end of the week. they didn't want to accept the very fair amount i offered them today but he said he would talk the manager. so i will see. but tomorrow i am off to an attorney and i may take the rest of my checking money out tomorrow as well and just leave enough in there to pay bills. i just hope it stays put and safe!

 

i am asking you Universe so thank you and it is done it is done it is done!

Good luck, pretty...hope this works out for you.

I had no choice but to do bankruptcy. (Thank you, Klonapin....for disinhibiting me so much I blew too much money!)

These things stay on your record for 7 years. So, I wont be free of it for another two years. But Ive learned to live without having credit, and I prefer it now.

east

Hi PD,I know how overwhelming even small problems can be while we are goinv through this,and the financial ones are really stressful.I feel like God has forsaken me at times when things get really hard,but its just the recovery process making everything feel ten times harder.I wish all of our daily problems could be put on hold while we heal,but they can't.Don't have any legal advice,but just wanted you to know that I hear you and  that I know your pain.Hang I there dear,this wil all be a distant memory one day.

Definitely take this up with an attorney but try not to stress too much over it.

 

The whole issue (aside from certain court actions which as I mentioned you absolutely must stay on top of) is completely overblown in most people's minds. Before I lost everything I thought the world would end if I lost everything. But guess what? It didn't.

 

I have been too sick to try to rebuild my credit, but I am surviving without it. Oh well. Just another thing on the todo list when I get better.

i haven't spoke to this creditor but i am going to call them and tell them i am very sick and to please leave me alone. i would rather that come from an Attorney. i must get an Attorney. this isn't my only creditor. but it sure is the only one that has done this. i am so scared right now. i am so alone and my family just can't help me anymore.

 

they got me into this mess. i've been so sick in tolerance withdrawal for over ten years. then diagnosed with MS which i'm not really sure about. now trying to be free from benzo's and just keep getting tied down and held back. i feel so shell shocked about everything that i walk around saying "this can't be my life"

 

i am afraid i will go over the edge and just end it. everytime something like this comes up i can't handle it. i can't handle when my computer has something happening to it.

 

my father kept telling me to "use your credit cards--i will pay them" but then he couldn't pay them anymore. so now all of us are stuck under one roof-- me, my brother and his daughter, my mother and my dad because everyone is sick and no one has any money. i seriously can't believe this is my life and now my savings is gone! i hate when even a penny is taken from me by anyone. and i want it back! i don't know where to start?

 

Hi Pretty..

 

 

As you are in the States, go to www.collectionbully.com.  You might be able to get help from them.

 

Pattylu

It is crucial to determine if this is the Original Creditor or if the Original Creditor sold the bad debt to a Collection Agency who in turn filed a Judgement against you. It is crucial to know because the laws differ for the two, and Collection Agencies are such scumbags that by bad and old debt for pennies on the dollar that their is a special law governing what Collection Agencies can and cannot do legally, it is the Fair Collection and Debt Practice Act (FDCPA) or something close to that.

 

You said this has been going on for eight years. Thus, another you need to know is the statute of limitations (SOL) that apply to the state in which you reside. The SOL determines how many years the creditor has to take legal action against you. These numbers can be widely different from state to state. The main point is - is the debt still within the SOL or not. It is very common for Collection Agencies to buy bad debts that are past the SOL and use scare tactics to collect money from you. They assume most people do not know the law (and most don't) and will bully people into paying them. If it is a Collection Agency - know that you have no legal obligation to pay them the debt as you never entered into a contract with them. The money that is owed is legally owed to the original creditor. Never talk to a Collection Agency or agree to pay them anything because once you do the date of the debt becomes current on your credit reports and besides why should you pay the full

debt to them when they bought it for 1/10th of its value.

 

Benzo use also led me to file bankruptcy. There is an excellent forum call creditboards that talks about everything from the laws regarding debt collection, credit reporting laws, judgements and bankruptices from the consumers point of view and gives answers to questions like yours.

 

In the meantime, close the savings account and do not open an account at another bank until this is resolved. And don't worry goverment assistance money is protected from

garnishment. It is also protected in bankruptcy and cannot be factored as income that can be used to pay your debts. Do some research, I am sure you can find legal

assistance that is pro bono or sliding scale based on your income.

It is crucial to determine if this is the Original Creditor or if the Original Creditor sold the bad debt to a Collection Agency who in turn filed a Judgement against you. It is crucial to know because the laws differ for the two, and Collection Agencies are such scumbags that by bad and old debt for pennies on the dollar that their is a special law governing what Collection Agencies can and cannot do legally, it is the Fair Collection and Debt Practice Act (FDCPA) or something close to that.

 

You said this has been going on for eight years. Thus, another you need to know is the statute of limitations (SOL) that apply to the state in which you reside. The SOL determines how many years the creditor has to take legal action against you. These numbers can be widely different from state to state. The main point is - is the debt still within the SOL or not. It is very common for Collection Agencies to buy bad debts that are past the SOL and use scare tactics to collect money from you. They assume most people do not know the law (and most don't) and will bully people into paying them. If it is a Collection Agency - know that you have no legal obligation to pay them the debt as you never entered into a contract with them. The money that is owed is legally owed to the original creditor. Never talk to a Collection Agency or agree to pay them anything because once you do the date of the debt becomes current on your credit reports and besides why should you pay the full

debt to them when they bought it for 1/10th of its value.

 

Benzo use also led me to file bankruptcy. There is an excellent forum call creditboards that talks about everything from the laws regarding debt collection, credit reporting laws, judgements and bankruptices from the consumers point of view and gives answers to questions like yours.

 

In the meantime, close the savings account and do not open an account at another bank until this is resolved. And don't worry goverment assistance money is protected from

garnishment. It is also protected in bankruptcy and cannot be factored as income that can be used to pay your debts. Do some research, I am sure you can find legal

assistance that is pro bono or sliding scale based on your income.

 

thank you so much! and thanks to everyone. it's almost 2pm and i am never on here during the day but forced to get up again to go to the court house. i saw the attorney that i am going to use (for life stuff) and i will tell you all what she recommends for me right now--but kinda in a rush as she wants me to fill out this claim expemtion form to 'try" to get the money that they already took from me. but she said if it's past 10 days i probably won't get it back.

 

i couldn't log on here last night--anyone know what was going on with the BB site last night?

 

will come back on line tonight and let you know everything she said--basically she said that i shouldn't do a bankruptcy right now. and she said the statute of limitations for this is 10 years. so i only have a few more years left and she gave me a letter to send to everyone.

 

it's overwhelming for me because i owe somewhere around $80,000.00!! i didn't want to mentioned that on here before but i don't really care anymore. the reason i owe that much isn't really all my fault either--i became extremely sick for ten years because of klonopin tolerance withdrawal. that is a very long time and i am pretty sure it's a lot longer than a lot of other people on here--i hope i am wrong because i just can't believe those little pills could do all this incredible damage! and now i have to clean it all up, in a benzo withdrawal.

it's overwhelming for me because i owe somewhere around $80,000.00!!

 

Don't feel bad. Mine was way, way, WAY more than that.

it's overwhelming for me because i owe somewhere around $80,000.00!!

 

Don't feel bad. Mine was way, way, WAY more than that.

 

oh my God, really? can you please let me know a little of what is happening with it right now and what YOU are doing about things? did they ever try to garnish wages like they did with me?

WhateverInNY, Thanks for the very interesting information.