• Report: #873379

Complaint Review: Calvary Portfolio Services

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  • Submitted: Tue, April 24, 2012
  • Updated: Wed, April 25, 2012

  • Reported By: Linda — Davenport Iowa United States of America
Calvary Portfolio Services
PO Box 1017 Hawthorne, New York United States of America

Calvary Portfolio Services Calvary Portfolio Services empties my husbands bank accounts Hawthorne, New York

*Author of original report: sewer service

*Author of original report: re account numbers

*Consumer Comment: How did these folks get your account #

*Consumer Comment: Comments

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My husband's checking and savings accounts were both frozen by Calvary Portfolio Services this morning. I am unemployed so we do not have a penny to our name now.  This was for a Sprint cell phone bill which we had to cancel after my husband had been in a very serious car accident with a drunk driver in 2004 and was unable to work for 2 years and so lost his job.  We thought this debt was paid 4 years ago when they froze my husband's bank account and took the $700.00 that was in it.  My husband was never actually served the papers but his elderly grandfather who now has Alheimer's disease accepted the papers but forgot to tell my husband because he did not know what they were for. My husband had lived at his address for a period of time in 2004. Then, this morning, totally out of the blue, we recieved a phone call I and email alert from our bank that a court order had been issued on behalf of Calvary Portfolio Services through a local law firm to freeze my husband's checking and savings accounts. We lost $1,300.00 and they are suing us for four hundred more dollars to total what they say we owed. We have no idea what to do. I called a lawyer friend and he said because they had a judgement in 2004, they could do this without notifying us. We have no way to pay our mortgage or other bills since we live on a much lower income than my husband had at his previous job that he lost.

This report was posted on Ripoff Report on 04/24/2012 10:01 PM and is a permanent record located here: http://www.ripoffreport.com/r/Calvary-Portfolio-Services/Hawthorne-New-York-10532/Calvary-Portfolio-Services-Calvary-Portfolio-Services-empties-my-husbands-bank-accounts-H-873379. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
2Author 2Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

sewer service

AUTHOR: Calvary emptied my husband''s bank a - (United States of America)

The summons was served in 2008. My husband has not lived at his grandfather's address since July 2004.  In my state, the wording of the law states the summons is to be served at the last known address so they can claim they do not know where you live currently and serve the summons.  In my state, if soeone else accepts the summons, the lawyer/collection agency is required to mail a letter informing the individual being sued of the summons and court date but he never recieved one. There defense-it was lost in the mail.  I know they lied in 2008 because any public records search would show my husband's current address plus he had his mail forwarded to our current address when he moved back. 
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#2 Author of original report

re account numbers

AUTHOR: Calvary emptied my husband''s bank a - (United States of America)

Actually we have no idea. That is the scary part. We just got an alert from our bank that both accounts were frozen.

My husband called the bank and they told him Calvary Portfolio Services via a lawyer in the county where we had purchased a cell phone from Sprint had asked to continue a judgement from 2008 when the same people cleaned out another account at a different bank.

We assumed the debt was paid and had no clue they could continue a judgement and empty our bank accounts again especially 4 years later without any prior notice.

According to state law where I live as well as federal law, these individuals are only allowed to take out a certain percentage from a person's bank account even with a judgement from a court and they took 100 percent.
 
We are going to talk to a lawyer tomorrow as well as get a copy from the bank of the papers that they recieved from the courts.
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#3 Consumer Comment

How did these folks get your account #

AUTHOR: msmontecarlo - (USA)

I would go to the bank were the account is and report this as a fraudulant transaction. I would tell the bank that you did not authorize this transaction. You should also file a police report . If you have a statement with that transaction take it with you. I would put a question mark by it and I would tell them you do not recognize it.
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#4 Consumer Comment

Comments

AUTHOR: Robert - (U.S.A.)

There are some collection agencies that use what is known as "Sewer Service" when they go to serve a summons.  That is they attempt to serve a person at an address they know they no longer live at.  This is done in the hope that the person never gets the summons and don't know they are getting sued.  Since they don't know the company then goes to court and gets a default judgement.

In your case it appears that the service may have been legal.  Since your husband did actually live at that address around the time of the suit it would probably be considered reasonable that they made a valid attempt to serve the summons.  So the fact that his grandfather "forgot" to let your husband know is probably not be enough grounds to attempt to get the judgement vacated or set-aside. 

Your only chance may be to check the exact laws for you jurisdiction.  In some areas it is required that they only give the summons to the actual person being sued.  If that is required then you may have a valid reason.  If it just requires that they give the summons to anyone who is 18 or over at that address you are probably out of luck.

So your lawyer friend is right about them being able to attach your accounts.  But you may want to run this by him as well on the off chance the summons was not served correctly.
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