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ericping · Feb 22, 2007, 05:32 AM

I have a question,me and my husband went to go to our bank and our account was froze due to a loan at a loan place,we had no court appearance,or no letter ,employer wasn't contacted they have left us no money to live on,for my family I live in Indiana ,what are my rights as far as getting money for my family,and what steps do they have to take before they do this?

How can we unfreeze our money from this company so my family can live

Do you have to go to court first before they put a freeze on your account?

Does Indiana have a wild card amount what is it and exactly what is a wild card amount?please help

excon · Feb 22, 2007, 05:42 AM

Hello e: (edited)

The loan place has to sue you before it can freeze your account. They also have to notify you that you are being sued. IF that didn't happen, you can get the judgment reversed. Get a copy of the court order from your bank. It will tell you which court ordered the freeze. Go to the court and look at the file. It will say how you were served. If, it's not so, and you say it isn't, file a "motion to set aside judgment". Ask the clerk how to do it. When you see the judge, tell him you were never served.

Now, you'll have to defend yourself against the suit. If you didn't pay as agreed, and you can't pay now, then they'll get a judgment once again.

I don't know what a wild card amount is or what it's used for.

excon

RickJ · Feb 22, 2007, 05:49 AM

Moderator note: merged 5 posts together into the original question.

ScottGem · Feb 22, 2007, 07:40 AM

I'm curious about this "wild card" thing. Where are you seeing that term? In what context?

The creditor has to exercise due diligence in attempting to serve you notice of the suit. To freeze your account, they had to obtain a court order after getting a judgement against you. The only exception is if the loan was from the bank where you had your account.

This means they had to serve a court order on the bank. You have a right to see a copy of that order so march yourself right down to the bank and demand a copy. Then march yourself over to the court that issued it and get the details. From there you can decide how to fight it.

Originally Posted by ericping

dont they have to allow you something to live on when freezing your bank accounts when you have a family?

They have no idea whether you have any other sources of funds besides that account. And no, they don't have to leave you anything. You were the one who defaulted on the loan.