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-   -   Closing a bank account after a jugement lien has been issued (https://www.askmehelpdesk.com/showthread.php?t=40195)

  • Nov 1, 2006, 06:03 AM
    swinefancy
    Closing a bank account after a jugement lien has been issued
    I am a debtor who had a creditor issue a judgement against me. They put a judgement lien against my 3 bank accounts (at the same bank). Two had nominal money in them & one had a $0 balance. When I woke up this morning I could see the account was at $0 yet my funds available showed the amount of the judgement lien. I'm assuming that anything I put in the account will be taken. Can I merely close the account out?
  • Nov 1, 2006, 06:32 AM
    Ace High
    Dear Swine,

    You own the accounts. Of course, you can close them. Nobody can force you to keep the accounts open or make you put more money in them. Let your conscience be your guide as to your debts though, you will have to be checking constantly behind your back for future banking issues. Even your taxes can be taken, also your wages can be affected. It will even affect any future loans you may need. I even understand a lot of the credit card and auto insurance companies are starting to use credit history reports for info. --- Ace
  • Nov 1, 2006, 07:38 AM
    ScottGem
    You might not be able to close them, but there is nothing forcing you to add funds to them.

    But as Ace said, they will continue to go after you until you pay your debt.
  • Nov 29, 2006, 02:57 PM
    stones123
    Can they take your money even if you only have 100.00 in your checking acct. Don't you have to make a certain amount before they can garnish your wages and checking acct.
  • Nov 29, 2006, 03:58 PM
    ScottGem
    Quote:

    Originally Posted by stones123
    Can they take your money even if you only have 100.00 in your checking acct. Don't you have to make a certain amount before they can garnish your wages and checking acct.

    Nope. If they are garnishing a bank or cash asset account, then can take the whole thing up to the amount of the judgement. If they are garnishing a salary its limited to a percentage of income.
  • Nov 29, 2006, 04:30 PM
    stones123
    I have been told that they can freeze my checking acct if it only had 25.00 in it. This is wrong. These people have a judgement on me and a lien on my property, but they tell me to pay in full. They won't settle or make payment arrangements. So what are my options once the freeze my bank acct.
  • Nov 29, 2006, 04:54 PM
    ScottGem
    Umm its wrong? Didn't you borrow the money they are after? Didn't you agree to pay that money back? Didn't they have to go through the expense to sue you for the money? Didn't they legally obtain a judgement against you for non payment of the money?

    So why is it wrong for them to try and get back what YOU borrowed?

    Frankly, you have no options. You could try to get the judgement vacated, but I don't know what grounds you could come up with. Or, you could simply pay what you owe.
  • Nov 29, 2006, 05:11 PM
    stones123
    I'm not saying it is wrong for them to try and get money that I owe them. What I am saying is I have tried for several months to work something out with this cc. I would like to be able to pay this in FULL!! But when work is not available and money is tight what are your option. I don't have any. So don't judge me when you don't know all the circumstance's. All I wanted to know is can they freeze my acct with less than 100.00 in it.
    Thanks for your reply
  • Nov 29, 2006, 07:06 PM
    ScottGem
    I answered that question with my first response.

    No, I don't know all the circumstances. But it is odd that the creditor will not work out some arrangement. Which indicates there is still things you aren't telling us.
  • Nov 29, 2006, 07:59 PM
    stones123
    Do you own a Citibank card and if you do CUT IT UP!! That is all I will say, because if you go to other post out there you will know what I am talking about with this company and their tactics. All I was doing is asking is a simple question about freezing a bank acct. You make me out to be some bad person. I thought this was called ask me for help. HELP LIKE YOUR'S I DON'T NEED. Anyone else is welcome to answer my post but please don't criticize me when you don't know the whole situation.
  • Nov 29, 2006, 09:06 PM
    ScottGem
    First, I do own a Citibank card, actually two of them. I also have several accounts with Citibank, including checking, IRA and others. I have been a Citibank customer for over 20 years. I have never had a serious problem with them. Even during periods of unemployment.

    Second, you made the statement; "I have been told that they can freeze my checking acct if it only had 25.00 in it. This is wrong." I reacted to that statement and I believe that reaction was justified. Again, I answered your question in my first response. You followed up with that statement and I reacted to that.

    As I said before, I don't know the whole situation. But I don't think that you are a bad person, nor did I try to make you out to be one. But I think you are looking at this situation only from your own perspective and not at the rights of the creditor. We try to look at both sides here.

    Finally, yes this site is about asking for help. We try to be accurate with that help. Sometimes that means telling you things you don't want to hear. Do you think it will help you to tell you that your creditor is being mean and vindictive, even if they are?

    I don't know why Citibank is not trying to help you deal with your debt. But I do know that Citibank is one of th world's largest financial institutions. I don't think they would have gotten that way of their collection tactics were universally draconian.
  • Nov 29, 2006, 10:08 PM
    stones123
    Maybe you should take a look at http://badcreditcards.org/. Thanks to all for your help. No more question from me.
  • Nov 30, 2006, 11:04 PM
    Too Short
    The bank can't take your money if you have a checking account. Because you use that account more. And what the lien ask for might no be in your checking. That why they can't touch your checking account. But they can put a hold on your saving account because you are saving that money. And that mean less money coming out. So they can hold your saving account. Trust me cause it have happen to me. And a people inside the bank told me to get a checking account cause lien holder can't touch your checking account.
  • Dec 1, 2006, 06:58 AM
    stones123
    Will they froze my bank acct yesterday. And they froze my husbands acct four days before even though I had no funds into that acct. They took the money due to my name being on the acct. However he was even able to prove that no money from me was ever deposited in to that acct. They still have it foze. So they can freeze your checking acct regardless of how much money is in the acct to help settle the judgement or lien. I am learning a lot through this and by the time this is finished I might be able to answer question for all of you instead of asking them.
  • Dec 1, 2006, 09:32 AM
    ScottGem
    That link talks about ATT cards, not Citibank cards. However I wouild not be surprised is Citibank had a good number of complaints. Since they are such a large issuer of cards, there are bound to be disgruntled card holders who will complain.

    Also there is the question about whether Citibank's collection dept is doing this or a third party.

    Who did he prove it to? The only ones that matter is the court that issued the judgement. If he proved it theyt should have issued an order to vacat the attachment. Once that is served on the bank, they should release the account.
  • Dec 1, 2006, 04:43 PM
    Ace High
    Quote:

    Originally Posted by ScottGem
    That link talks about ATT cards, not Citibank cards. However I wouild not be surprised is Citibank had a good number of complaints. Since they are such a large issuer of cards, there are bound to be disgruntled card holders who will complain.

    Also there is the question about whether Citibank's collection dept is doing this or a third party.

    Who did he prove it to? The only ones that matter is the court that issued the judgement. If he proved it theyt should have issued an order to vacat the attachment. Once that is served on the bank, they should release the account.

    Hi ScottGem,
    Have no reputation to share at this moment. But I do agree with all that you have tried to explain. Some people just want to hear/read what they wish to hear/see. It's hard to believe that some cc companies would not work out a plan to collect on a debt. They lose money if they don't try to work things out with their clients. The only time it gets to court or other options is when all other attempts have been exhausted. --- Ace
  • Dec 5, 2006, 07:05 AM
    ScottGem
    Quote:

    Originally Posted by kushjoshi
    When i can finish my debt

    First, unless your post is directly related to the topic in a thread its best to start your own new thread for a question. I've requested that this be moved to its own thread.

    Second, when asking a question, the more you put into the question the better we are able to answer it. The only answer we can give based on your question is: When you pay it off in full.

    If you want to give us more detaiuls about your situation we may be able to advise further.

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