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About GracefulMess

GracefulMess started this conversation
Dec 23, 2008

 Hi all.  I have had a levy put on my bank account since Friday.  (it is now Tuesday before Christmas)  The lawyers that did that never contacted me by phone or mail.  They just went ahead and took 100 dollars from my account for "legal fees" and have frozen what's left.  They have refused to answer any of the numerous messages left them each day.

  I have tried contacting attorneys who advised me to get a record of the judgement from my bank then go to the court it was filed from and fill out an order to vacate form?  Well my bank refused to give me this record.  They said that it wasn't there but in their legal department and that they had no way of my contacting them.  They said I have to go through the people who filed the levy.  The same people who broke the law by NOT contacting me before doing this.  I've looked up this company, one Hooten and Associates, and it appears there are NUMEROUS cases of people claiming they do this, many even say they are false claims with no actual judgement to back it up.

  Here's the deal: I am POOR.  The money they've seized was allotted to pay my bills.  I work very hard to stretch the money to cover the bills.  I am actually not working at the moment and the only money I get is from my fiance.  The reason for the levy is an unpaid medical bill of his.  He had to be on my bank account in order to be able to give me money to pay my bills.  (so said the bank this summer when they made me add him to my account or else refused to accept any money from him into my account).  Now I knew about this bill, as we were getting claims for it at the house.  However it was too much money and I couldn't afford to pay it.  So I was waiting for it to go to collections so that I could work with THEM to hopefully bring down the total a little and work out a payment plan.  I've done this for such types of bills before.  I don't just DODGE my responsibilities! >:-|

  We've heard nothing about this bill for a year.  Suddenly my account is frozen.  This law company that did this, they NEVER contacted me at any point.  Not by mail or phone, I've never been told there were court proceedings to attend, nothing.  That in itself is illegal.  These people are NOT ANSERING the messages we leave.  I can not seem to even get a copy of the judgement to try and fight it!  The attorneys I've contacted (Every one in the NACA for my area) want 2,500 dollars to fight this.  The outstanding bill is for 2,800, so it's not worth it.  not only that, I have a negative balance of 800 at this point!

  I have NO MONEY to do ANYTHING, feed myself, pay my bills, nothing!  I don't know what to do.  I've tried calling the courts, they have no record of any judgement.  There are at least 6 more "districts" that it could be filed with though, apparently.  The Sheriff's office has no record of a judgement filed against me either.

  I REALLY need an attorney to make some calls for me or write a letter or...something other than tell me what to do so that when I go do it I'm told it can't be done.  (a la the go to the bank and get the judgement fiasco). 

  This company should NOT get away with this!  It'd be easier for me to beg/borrow/steal the money to just pay these leeches off, but the fact that they did this without serving any notice and right before Christmas...I could have children who are homeless in the cold right now, you know what I mean?  As it is the years worth of diligence to bring my FICO score up above 700 from 350 is about to be blown because of this.  I have no way to pay my bills now!  WHY should they get away with this?  In truth they should be sued and we should make some money off of these nasty evil people.  (we, the party that represents me and myself, of course).  Apparently this is the modus operandi for Hooten and Associates...I'm MAD AS HECK..and really sad.  I tried for days to get ahold of them, they don't answer.  They answer the bank as soon as THEY call though but when they hear there's a victim that wants to speak to them they say, tell her to leave a message!    I've spent all day on the phone with lawyers (as I said, they give some advice on the phone and then wish me luck), I've tried the attorney general, everything.  NO ONE seems willing to invest themselves in any way for me.  That's sad because lawyers have the abilty to get things done with a simple phone call.

  So...I donno, if you are a lawyer, or know one...it's not even that I'm not willing to pay this bill.  I just can't do it all at once like that as well as, I dont think these people should be able to get away with continually doing this to people.  There are procedures they are supposed to follow and they didn't.  Now they don't even have the respect to answer my messages.  Apparently they're just waiting for the 21 days to be up so they can take every thing I have.  That's the mark of evil, don't you think?  So, in the interest of fighting the good fight...here I am.  Still trying to get some assistance.

  Thank you.

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Brighan
Dec 26, 2008
 in response to GracefulMess...   

All judgments are recorded in the County where the account is held, so go to your civil courts division in your county to get a copy of your records. There is a fee for a certified copy.

In addition, contact your State Attorney General for help to resolve your matter because he/she is in charge of overseeing all attorneys working within your State. You will get legal answers from them. In most States, the attorney can file a judgment lien for attorneys fees and outstanding charges if you signed a written contract to employ them.

Moreover, if you do not get anywhere try to contact and file a complaint with the Better Business Bureau, The Federal Trade Commission, and the Better Business Bureau. You can use the following shortcut for this link I have posted at my Aidpage.

reply to Brighan
ekikaseven
Dec 24, 2008
 in response to GracefulMess...   

See if you can get your local news to print (or even air ) your story. In other words, 'take it to the press.

It is horrible what that person at the Attorney General told you.  Let the news know that also.

Write letters to the editor in your local papers. 

This has netted results for many.

I wish you the best,

ekikaseven

reply to ekikaseven
GracefulMess
Dec 23, 2008
 in response to Brighan...   

Thanks to both of you for your responses.  As to the first, Erika...yes I am asking after his name.  I said against me just to make the wording easier, but I am aware that the judgement would be for him and so far, haven't turned up anything.

  @ Brighan: can you explain to me how it is the bank has denied turning over a copy of this judgement to me but instead demands I speak with the attorney who has seized my account?  I feel like they are in cahoots, truly.  I wish I could sue the both of these parties.  I've been told by numerous lawyers that I need to start by getting the judgement from my bank and when I tell this to the bank they say that's not true and my ONLY option is to deal with the attorneys.  WHen I said these people aren't answering my call they call them right up, speak to someone and then, get this: hand me the phone and tell me to leave ANOTHER unanswered message!

  Fact is what I need is a lawyer...the parties involved are seriously into screwing me and the bank rep told me that they had numerous cases from the same place this past few days!  They didn't give a fig that I said they seized my account illegally as I'd not been contacted by them at all and told me it was in some unreachable law dept at the bank.

  This whole thing is making me physically/mentally/emotionally sick.

  But uhm, I guess I'll keep asking for help.  I do not know where to find "local community legal aid".  I spent all of today looking on the internet for assitance and the attorney general told me they could do nothing whatsoever unless I wanted to waste my time filling out a complaint form which will take months and nothing will happen.  (I swear that's what this silly bitch told me). 

  I'ma keep fighting because this is just WRONG.  It would be infinitely easier for me to just pay the money but the acts this low-life company and now my own bank of 5 years!! has taken, without any regard to MY wellfare has really infuriated me. 

reply to GracefulMess
ekikaseven
Dec 23, 2008

The Sheriff's office has no record of a judgement filed against me either.

Check to see if the judgments are filed against your fiancee'(that is probably whom they are filed/recorded against). 

Any & every account that has your fiancee name on it can be levied.  Open another account up (as soon as you are able to do so) in your name ONLY.  Have your fiancee to give you CASH monies & you can put that into your account.  He can even give you a check or money order made out to you also. 

If this debt is in your fiancee's name only (and you did not sign any paperwork at the medical facility agreeing to be responsible) then it should not be on YOUR credit report.  Besides you are not even married. 

Contact the credit bureaus to get a copy of your credit report.  If any of this is on your credit report (which it should not be), you can dispute it (in writing of course).  The company/firm has 30 days to answer it & prove that its your debt.  If not, by law, they are required to remove it from your credit report.

Also, contact the Attorney General of your state.  Sometimes, they can be helpful in resolving some issues.  I'm not sure about this one, but it does not hurt to ask.

Hope this has been helpful,

ekikaseven

reply to ekikaseven
Brighan
Dec 23, 2008

I can help you solve this mess after Christmas, but know this that I am not a licensed attorney and I cannot give legal advice.

I can only help you learn about the law, in which case you do understand that joint bank accounts and all of your assets tied into your male friend can be seized and put liens upon them for judgments.

Go to legal aid in your community for help and ask  them to explain your situation to you.

Brighan

reply to Brighan