LesliA
03-09-2011, 07:53 PM
In 2008 we refinanced our John Deere Skidsteer with City National Bank & my dad co-signed the note. In 2010 due to economy & lack of work we fell behind 2 payments & the bank reposessed it along with a 1997 Chevrolet dually which was collateral on the note also. My dad tried to help us make the payments up before it was repoed & City National Bank, would not accept the payments he wanted us to pay it off. Well they repoed it & proceeded to put a hold on my dads checking account at CityNational, for $12,000. we filed bankruptcy which meant they had to give the skidsteer back to us & take the hold off of my dads checking account. As soon as the hold was off of his checking account he took his money out of City National & moved it to Mineola Federal Savings & Loan. We were tryin to work with the bank to keep the skidsteer & our loan officer redone the note for us for a 3 month period & we paid $1,000 interest. We were expecting an tax refund check & thought we would be able to pay what he wanted us to which was $3000 at the end of the 3 months but, our refund check still had not come in & so they wanted to reposess the skidssteer again so we voluntarily gave it to them & the truck. Then they took us to court to get a judgement for $17,000. we didnt know what to do. Now they are sending us these letters saying they are garnishing my dads checking account for $19,749.51 & his checking account is at a different bank now.
My dad was nearly killed in a drilling rig accident right after co signing this note & is now disabled & cant go back to work. He did not receive a settlement or any big lawsuit for his injuries the little bit he has in the bank is all he has to live on until he can draw his Social Security, he is only 60 yrs. old now. This amount will take almost all of the money that he has. He tried to help us make the payments during our hardship & the bank would not accept them, they knew he had enough money in there to pay it off & thats what they wanted him to do so they tried to force him into it. Now they have tracked his money down at another bank & are tryin to take it again.
I realize he did co-sign for us & he did try to make up payments & get them current & bank wouldnt take the payments. When we refinanced it this last time we owed $12,000 & we paid $1,000 at the time we refinanced. They have the John Deere Skidsteer & a 1997 Chevrolet dually which when sold should have reduced the amount we owed by at least $7,000 or $8,000 but instead they are saying we $8,000 more & they have the equipment.
The letters we recieved were not signed by any judge or anything yet, they were from the banks lawyer. My dad went to his bank immediately and took most of his money out so they could not take it. The letters say we can file a replevy bond or motion to dismiss writ. They didnt get his money but he is sitting with a cashiers check & needs to put it back in the bank. How do we keep them from tryin to garnish his checking account again?
Any advise would be greatly appreciated.
Thanks, Lesli
My dad was nearly killed in a drilling rig accident right after co signing this note & is now disabled & cant go back to work. He did not receive a settlement or any big lawsuit for his injuries the little bit he has in the bank is all he has to live on until he can draw his Social Security, he is only 60 yrs. old now. This amount will take almost all of the money that he has. He tried to help us make the payments during our hardship & the bank would not accept them, they knew he had enough money in there to pay it off & thats what they wanted him to do so they tried to force him into it. Now they have tracked his money down at another bank & are tryin to take it again.
I realize he did co-sign for us & he did try to make up payments & get them current & bank wouldnt take the payments. When we refinanced it this last time we owed $12,000 & we paid $1,000 at the time we refinanced. They have the John Deere Skidsteer & a 1997 Chevrolet dually which when sold should have reduced the amount we owed by at least $7,000 or $8,000 but instead they are saying we $8,000 more & they have the equipment.
The letters we recieved were not signed by any judge or anything yet, they were from the banks lawyer. My dad went to his bank immediately and took most of his money out so they could not take it. The letters say we can file a replevy bond or motion to dismiss writ. They didnt get his money but he is sitting with a cashiers check & needs to put it back in the bank. How do we keep them from tryin to garnish his checking account again?
Any advise would be greatly appreciated.
Thanks, Lesli