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View Full Version : Can I get my money unfrozen?


Hobobohemian
Mar 30, 2008, 07:10 AM
Ten or eleven years ago I had a TD-visa card while in university.
I moved around quite a bit at the time and didn't have contact with visa as a result. I have always been in touch with TD bank, however, and have always kept my address current with them.
Now, after at least a decade of no contact with this particular visa account, my Td bank account has been frozen. Apparently the judgment to do so came just two days ago. Four days previous I had received a letter from Pomer&Boccia stating that I had 15 days to give them the full amount of the outstanding debt or they would seek a judgement against me.
Can they legally freeze my accounts? Another site suggested that this debt was statute barred. Is this a legal collection activity? Is there a way to get to my funds?
I have to pay rent and my ex-wife this week!!
Help?

N0help4u
Mar 30, 2008, 07:17 AM
Check this site hopefully it will help you some.
Debt collection statute of limitations listed by state (http://fair-debt-collection.com/SOL-by-State.html#51)

DMC72
Mar 31, 2008, 02:58 AM
I just went through something sort-of similar.. hope I can help. OK, first of all: did you know about the judgement? Or the court date to obtain judgement? If you were not served with papers to appear in court, you can file a motion to vacate the judgement due to improper service. You will have to prove that you were not served. If you live at the address that they had the warrant delivered to, they will just think you are lying about not receiving the paperwork. (In my case, I had moved several months prior and had changed my address with the DMV; therefore, had proof that the warrant was served to the wrong address) IF the judgement is vacated, your accounts will be unfrozen immediately but they will then set a new trial date. At the new trial, you can bring the statute of limitations defense. When is the last time you made either a payment or a purchase on the account? The SOL starts on that date. Find out what your state's SOL is for the account (easily done with internet research). If the SOL had expired, you may win your case. Remember, the account will have to have been completely inactive for that period. If you even made one little payment of $10 during that time, you're out of luck.

Also, you can always file a hardship motion to have some of your funds released. Of course, you will have to bring proof that you need a portion of the money released (is your paycheck directly deposited?) or that a spouse whose name is not on the account is having their funds frozen unfairly. You will have to prove that this is something that needs to be done, not just something you want to be done. If you ask for a hardship hearing, they will usually schedule this ASAP, so call the court to schedule this immediately. At the hardship hearing, mention the request for vacation of judgement. If this is granted, then you prepare the SOL defense for the new trial. Good Luck. Hope this helped some.