Covington, GA asked in Collections for Georgia

Q: I have an account from a number of years ago, 14, account seized, haven't heard from collector in years now this, legal?

I have an old account paid 1100 in 2011 thought it was paid off until today and they froze my bank account, Havent heard from collector in years and now this. Is this legal?

Related Topics:
1 Lawyer Answer
  • Collections Lawyer
  • Cary, NC
  • Licensed in Georgia

A: It isn't illegal. If the creditor froze your bank account, it can only mean that a judgment was entered against you. Your post does not indicate when the judgment was entered.

You also indicate that you paid the account in 2011. What proof of payment do you have?

What I would do is go to the county where the judgment was entered and make a copy of the court file - including the complete summons and complaint (return of service to the summons and any attachments to the complaint), the default or summary judgment, entry of judgment, writ of fieri facias (called a FiFa) and any other documents regarding seizure of your bank account as well as any documentation you have regarding your payment in 2011.

Take the file to a lawyer and pay to have him/her review it. If you paid off the debt and have a settlement letter to show it, the seizure of your bank account would not have been proper. If that is correct, it may be possible to get your money back but the lawyer would have to help with that.

What I suspect happened is that you paid and did not bother to get proof. Your payment revived the statute of limitations and you did not consult a lawyer before you paid. The creditor then sued on the revived debt and recovered a judgment for the balance, which you either did not know about or ignored. The creditor then had the FiFa issued and levied on your bank account. If I am correct, then you will not be able to get your money back.

To protect yourself, I would stop depositing money into that bank account. Any other bank accounts will likewise be at risk. If you must have a bank account, consider getting an online bank account. Or use a pre-paid debit card or go on a cash only basis.

However, you do need to have a lawyer review your situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.