Bank account levied for girlfriends debt

by Bernice
(New Jersey)

My son opened a health care credit plan for his then girlfriend and she said she would pay the bill for denial work. They broke up and she never paid.

The bills went to her home, but ignored them. Now my son's bank acct was levied for the whole amount. He does not owe this money and has had no work done on his teeth. How can we remedy this and get his money back, which is a large amount.

Reply from

Unfortunately it doesn't matter that your son did not receive the dental work. When he opened the account he agreed to be responsible for the debt. That's what opening a credit account or cosigning for one means.

In addition, what many people don't realize is that when they cosign they won't necessarily be directly notified if the primary account holder falls behind. It's very important that the cosigner stay on top of the account until it is paid in full and closed.

However it also sounds like your son must have been sued and a judgment was entered against him in court. Otherwise it is not likely they could have levied his individual bank account for the debt. If he was not properly served (notified) of the lawsuit, he may have a case against the collector.

That would not mean he is off the hook for the debt, but it is possible he could get the judgment vacated IF it turns out the debt collector broke the law. And he could, in that situation, be entitled to monetary damages as well. Again, it depends on whether the collector broke any laws in its attempt to collect.

However, to get to the bottom of it he will need to contact a consumer law attorney in his area to see whether they think he has a good case.

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