I have a hold on my account from a judgement I was improperly served with. I filed a order to show cause form but the date for the hearing is 2 weeks away. I recently moved and had to pay one mo rent and one mo security. Of course this check never cleared because of the levy. If I don't pay this money ill have to move back out and I have no where to move back. The money the lawyer wants is in my acct but of course the hold is for twice the amount. Since I filed the order to show cause due to improper service (the landlord served me to the address that I lived when they were my landlord) is it not a good idea to try to set up a pay arrangement to get my account released? Not being the debt is only partially mine I don't feel I should have to pay the total amount, if I pay the creditor will that ruin the chances of the judgement being vacated? Or if its vacated will the court order the money returned to me? Jan 1st is quickly approaching, any advice before I lose my apt?

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Originally Posted by goddesskarma

I have a hold on my account from a judgement I was improperly served with. I filed a order to show cause form but the date for the hearing is 2 weeks away. I recently moved and had to pay one mo rent and one mo security. of course this check never cleared because of the levy. if I don't pay this money ill have to move back out and I have no where to move back. The money the lawyer wants is in my acct but of course the hold is for twice the amount. Since I filed the order to show cause due to improper service (the landlord served me to the address that I lived when they were my landlord) is it not a good idea to try to set up a pay arrangement to get my account released? not being the debt is only partially mine I don't feel I should have to pay the total amount, if I pay the creditor will that ruin the chances of the judgement being vacated? or if its vacated will the court order the money returned to me? Jan 1st is quickly approaching, any advice before I lose my apt?

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If you can't wait the 2 weeks until the hearing you can try to contact the Judgment creditor and get the freeze on your account lifted. The Judgment creditor is the only person who can release it - and I'm told that at least one State requires a Judge's signature on the Order.

At this moment the Judgment creditor has no reason to release the freeze - they are guaranteed however much money is in your account.

If you are somehow a co-signer or co-owner on an account you are responsible for the whole account, not just your half, and the Judgment is "probably" against you for the entire amount. It's up to you to then sue and collect from the other party involved.

If you pay the entire Judgment amount, yes, the lien/freeze will be lifted by the Judgment creditor.

But if I pay it so that I can have my account unfrozen will it runin my chance of having it vacated?