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Subject: All my money is gone
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Thu Mar 19, 2009 4:30 pm
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| I checked my bank account yesterday, because my debit card got declined when I went to pay for my lunch only to find out that I was $300 negative. There was no way that should have happened I just got my tax return 2 weeks ago and should have had over $2000 between my savings and checking account. I looked into it more to find out that my mom had a debt and since she was still on my account that I have had since I was in High School they took everything except $300 which was gone because of bills that I had payed over the weekend. Now I am stuck with no money and no way to get it back. The bank can't help and the collection agency that took it won't talk to me, because it isn't my debt. |
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sdchargers_63
Joined: 13 Aug 2007
sdchargers_63's page
Posts: 1334
1 Magic Points
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Subject: credit
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Thu Mar 19, 2009 11:01 pm
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| Was your mother's AND your name on the same bank account..a 'Joint' account? If your mom had a debt she needed to rake care of, and the Collection Agency ( or whoever she owed the debt to) was going to take it out of the bank account, then I think ( pretty possitive) this was legal. However......I'm NOT sure if you can 'fight it' someway, since it was your account, too. Why won't the CA talk to you? I would guess because the debt was ONLY in your mother's name. I'm sure someone else, from the forum, will be around soon, to give you some other 'options' you may have....I really don't know IF you DO have any options. Just hang in there. |
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Guest
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Subject: if its a judgment it is legal
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Sat Mar 21, 2009 12:03 am
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| what you need to do is have your mother talk to the collection agency becouse the only way they can take the money is if she has a judgement against her so if she does then there is nothing you can go about it except get the money back from your mother. |
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sdchargers_63
Joined: 13 Aug 2007
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Posts: 1334
1 Magic Points
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Subject: credit
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Sat Mar 21, 2009 3:10 am
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| Hopefully yourmother is willing to do that..talk to the CA I mean. That way she can find out EXACTLY what's going on. Also...you may want to open a seperate bank account for yourself so this doesn't happen again..just a thought. |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1308
28489 Magic Points
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Tue Mar 24, 2009 3:43 am
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I think that the collection agency has brought a default judgment against your mother to garnish her bank account because without a judgment, bank account can never be garnished by a collection agency. Now since you mother is a joint account holder in your account, the creditor can garnish money from that account and it does not matter whether the money garnished is yours or your mother's.
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GarySnober
Joined: 08 Apr 2009
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Posts: 67
6 Magic Points
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Thu Apr 09, 2009 2:21 am
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| Was this a joint account? Please have your mom contact these people. Did they ever contact you to go to court? Did they have the appropriate paper work to freeze your account and garnish them? |
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Firang
Joined: 28 Apr 2009
Firang's page
Posts: 59
0 Magic Points
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fireyone
Joined: 26 Feb 2008
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Posts: 4124
1011 Magic Points
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Sun May 17, 2009 2:40 pm
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| You need to have your mother check to see if there was a default verdict against her. If there was not then the bank can most certainly help you out. If the did not have a judgement to collect the money then they could not legally remove any money from that account. Ask to speak with a bank manager if you find out there was no judgement. To find a judgement is fairly easy. All it takes is a trip to the courthouse. |
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Guest
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Wed Oct 14, 2009 10:14 pm
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| Same ship happened to me. My life saving is gone! Thanks to my mothers student loan.... So does that mean i just need to start over? |
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goodnatured
Joined: 03 Nov 2007
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Posts: 3735
10 Magic Points
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Mon Oct 26, 2009 7:54 pm
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| Sounds like it. |
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fireyone
Joined: 26 Feb 2008
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Posts: 4124
1011 Magic Points
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Mon Oct 26, 2009 10:33 pm
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| Look at it this way and no I am not trying to sound mean, you are young enough to start over. Some people in tis economy has literally lost their homes and barley survived. It is not something at this point that you can do anything about. Whats done is done. Rather than harboring ill feelings just try to work past this. |
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FreedomDM
Joined: 28 Oct 2009
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Posts: 39
Location: Florida
830 Magic Points
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Subject: Asking for Help Nicely
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Wed Oct 28, 2009 7:42 pm
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That’s a rough situation. If you have a positive history with your financial institution try calling a local branch and speak to a Manager, explain your case, etc. There is the occasion where a bank will credit bank SOME fees to satisfy their customer, especially if this isnt a regular occurrence with your account.
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Michael J Brazier
http://www.freedomdm.org |
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goodnatured
Joined: 03 Nov 2007
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Posts: 3735
10 Magic Points
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Sun Nov 08, 2009 12:48 pm
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You should do as freedom says and talk to the bank, but if your mother is one the bank account then you have given her creditors an invisible permission to go in and do things like garnish.
Creditors don't care whose money it is, all they see is the person who they are trying to collect from on the bank account, I doubt they even noticed your name was there. Check with your bank and see if there is anything they can do. |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Mon Nov 09, 2009 1:54 am
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| It is so risky to put another person on your account these days no matter who it is. I believe you will probaly not be able to get this money back but it is worht a call to your bank. I wonder if you can now just close the account and this way they will not have access to anymore of your money. I would take a trip in person to your bank and see how you can take care of this matter as soon as possible. |
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goodnatured
Joined: 03 Nov 2007
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Posts: 3735
10 Magic Points
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Mon Nov 09, 2009 3:54 am
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Yeah but who would think twice, especially if it is a family member and come on, both of these were mothers, surely you can trust your own mother.
I just don't think we are aware enough on what a collection agency can actually do. So, you must ask the person that you intend on joining in a bank account with their entire credit history so that you can make a informed decision. |
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