Restraining Order on bank account

joypulv · Jul 21, 2012, 12:50 PM

I believe that all funds can be frozen once in your account, if a judgment against you has been won.

ScottGem · Jul 21, 2012, 01:05 PM

Yes. The bank doesn't know the source of the funds. Once in your account they are fair game. You would have to prove the source of all deposits are protected sources.

JTM144 · Jul 21, 2012, 04:30 PM

Quote:

Originally Posted by ScottGem

Yes. The bank doesn't know the source of the funds. Once in your account they are fair game. You would have to prove the source of all deposits are protected sources.

My bank statement shows where the checks come from, Social Security Disability, V.A. Disability, USPS Disability, and Federal Retiement. I believe you are wrong, I think that all are Exempt Income even though a Judgement was won against me.

ScottGem · Jul 21, 2012, 04:53 PM

I'm not wrong. They may, in fact, all be exempt income. Some of them definitely are. that's not the point. Your bank was served with a valid writ of execution. They are not required to check the sources of the funds in the account. They ARE required to honor the writ. The creditor doesn't know the source of the funds, all they know is the account has a balance so they get a court to issue a writ of execution.

If your statements show the sources, then you go to court and ask for a motion to vacate the writ on the grounds that the balance is compromised of exempt sources. You should win.

But that doesn't change the fact the writ was valid and so was freeze.You should have acted when the judgment was awarded and informed your bank that your income was solely from protected sources and not subject to attachment. Usually such prior notice will allow the bank to refuse the writ.

Restraining Order on bank account

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