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Lawton_Dri
Jun 21, 2008, 05:54 AM
All,

I lost a judgement 4 weeks in the amount of 3760. The law firm obviously filed a writ of garnishment which allowed them to attach my checking account of which I had 7000.00 located there. The law filed the writ in the amount of 11,280 which totally wiped the account out. My question follows:

1. Why did Bank of America put 11,280.00 on hold when the amount of the judgement was for 3760.00.

2. Is this the fault of the law firm or the bank

Regards,

Jeff

excon
Jun 21, 2008, 06:42 AM
Hello Lawton:

If the writ was for $11k, then the bank had no choice. It's the fault of the lawyer or the court. Pick one.

excon

Lawton_Dri
Jun 21, 2008, 08:07 AM
Thanks,

excon, this seems to be an unfair tactic to collect the judgement as opposed to a mistake.

progunr
Jun 21, 2008, 08:37 AM
It is common, and legal for the holder of the judgment to freeze your account for more than the judgment amount.

Normally, they don't exceed double the judgment amount, but I don't know of any legal limit in place.

Here is a link, with some basic information regarding frozen accounts, the laws will vary by location, but this will give you an idea of what to look for in your specific area.

NEDAP - Defending Creditor Lawsuits (http://www.nedap.org/hotline/frozen.html)