Steve [Not A Lawyer]
Bradenton,#2Consumer Suggestion
Sat, April 07, 2007
Ann, You CANNOT take someones money out of a bank account without a judgement from a court judge on a collection issue. The bank CANNOT comply without this judgement IN HAND. What most likely happened was the common practice of "sewer service" where they knowingly served the summons on an old address of yours where they knew you would not respond, and they could quickly get a default judgement. Here's how you beat them. First, get every single piece of paper they filed with the court and with your bank. Now, examine everything carefully and look for falsified information. File an ethics complaint with the BAR ASSOCIATION and also a criminal fraud complaint with the prosecutors office. This could be a larceny charge which could be a felony depending on the amount. File an FTC complaint online for the illegal/unethical collections practices. Now, get a good attorney to get the judgement vacated, and sue for damages.