View Full Version : Court Judgement
shortydee
Oct 11, 2006, 02:46 PM
If you put a judgement lien on someone's bank account and the person
Closes the account, what happens to the lien? Is it dismiss by the bank?
Or the courts? Or is the person still responsible to pay the debit. I recently
Won a court judgement in small claims court but I know the person has no
Money in their accunt. Does it make sense to do it or not?
ScottGem
Oct 11, 2006, 04:53 PM
Generally you don't put liens on bank accounts. If you have a valid judgement against someone, you can serve the bank and attach the account. The bank will award what's in the account.
Liens are placed against real property. A lien has to be satisfied before the property can be transferred.
Fr_Chuck
Oct 11, 2006, 06:41 PM
Hello what should happen is that first you get a judgement, that says that they owe you the money. Then you can get an attachment ( sometimes called garnishment by some poeple) of their bank account Once served to the bank it is support to freeze the money in the account.
If they have not money in it, you can leave the attachment there, since if they put any money into it, it will be frozen and attached by the court order.
So if they have moved their money to another bank, you have to find that bank account and go back and get another attachment based on the original judgement. You can also try for a garnishment of their pay if they are working.
And that is why many times I and others don't waste our time taking someone to court. If they have no money, no job to garnish, it only wastes your money filing and time appearing. The court only awards you the money, it is now up to you to find it and get it.