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Is the financial litigation unit a debt collector under the fdcpa and if so do they have to validate debt if asked to do so?

Greensboro, NC |

a subpoena has been issued on my and my spouses savings account for a victim restitution judgment lien that was placed against me and not my spouse. The attorney that "said good luck" was the successor to the victim of record that did not purchase the debt when they bought the victims bldgs. and customer accounts only. so they wished me good luck in getting this restitution reversed/vacated/dismissed if possible. my spouse has nothing to do with my case at all. this was a personal judgment lien against me and me alone. I am not finished with probation and opened a company of my own. I need to know can the financial litigation unit seize my corporate account for my payment of my personal debt. this corporate account had nothing to do with my case at all. it has been 7 years now.

I was in error when I said I am not finished with probation, I meant to say that I am now finished with probation as of September 2, 2013 and has since opened a company.

Attorney Answers 3

  1. Best answer

    As a state law general rule your corporate accounts cannot be subject to seizure for a personal debt but of course there are exceptions.

  2. I am not sure I am following your question, but if there is a valid judgment lien it can enforced against your property as well as property held jointly with your spouse. Your corporate account could be exempt if your incorporation and maintenance of the corporate account observed all of the corporate formalities. You may want to consult with a business or collections attorney in your area.

    I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.

  3. If there is actually a judgment from a North Carolina court, you would have been served with a "Notice of Right to Have Exemptions Designated" before any "subpoena" could be issued for any of your bank accounts. You could have protected the funds in your joint savings account (subject to the exemption limits) when you responded and filed your Motion To Claim Exempt Property. Please give more details, is this a judgment from North Carolina or from another state? I recommend that you contact an attorney ASAP. If this "judgment" is from another State you should contact a lawyer licensed in that state.

    Generally your corporate accounts cannot be subject to seizure for a personal debt unless there have been additional findings.

    This message is intended for informational purposes only. It is impossible to consider all relevant facts from a message board question. No attorney-client relationship has been created. Readers should seek a personal legal consultation with an attorney of their choice for the most accurate advice.