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-   -   Bank account frozen (https://www.askmehelpdesk.com/showthread.php?t=397566)

  • Sep 18, 2009, 10:53 AM
    anderson22
    Bank account frozen
    My bank account was frozen for a judgment against me. I have a hearing next week will I get any of the money back? I have bounced all kinds of things including house payment electric payment I am a single mother of 3 and do not get child support there is nobody to borrow money from. I can't even buy food for my family right now. I only know about the hearing because of my bank.I was told I will not get any of my paycheck back is this true?
  • Sep 18, 2009, 10:59 AM
    stevetcg

    Its probably true, yes.

    Does the hearing have anything to do with the judgment that was used to freeze your account? Usually there is a hearing and that's it... if they are at the point of liening your assets, there isn't much else to talk about in court.
  • Sep 18, 2009, 11:31 AM
    this8384

    I agree with steve. Is the hearing for this particular judgment or is it for another case? Usually if a creditor is awarded a judgment, the only way to get it reversed is by filing an appeal.
  • Sep 18, 2009, 11:48 AM
    anderson22

    There is a judement 04/08. The hearing on Friday is to have the judge release funds in my checking account.
  • Sep 18, 2009, 11:51 AM
    this8384
    Quote:

    Originally Posted by anderson22 View Post
    there is a judement 04/08. The hearing on Friday is to have the judge release funds in my checking account.

    On what grounds? Did you file to have the judgment dismissed?
  • Sep 18, 2009, 12:03 PM
    anderson22

    No I did not go to court. I asked the credit card company tp prove it was my account and the said they did not have to. I was also told I did not have to do to court.
  • Sep 18, 2009, 12:19 PM
    stevetcg
    Quote:

    Originally Posted by anderson22 View Post
    no I did not go to court. I asked the credit card company tp prove it was my account and the said they did not have to. I was also told I did not have to do to court.

    Who told you you didn't have to go... the collection company? And you believed them?

    You didn't have to go... but a default judgment would be ordered against you if you didn't.
  • Sep 18, 2009, 12:20 PM
    stevetcg

    The other real question is "is it your account?"
  • Sep 18, 2009, 12:41 PM
    this8384

    This whole thing is turning out to be a mess.

    If the company has already been awarded a judgment, then they don't have to prove anything at all. The judge is not going to release the lien against your account just because you didn't show up for the initial hearing in which the judgment was awarded.
  • Sep 18, 2009, 12:42 PM
    anderson22

    yes it was a default judgement and I thought it was my x-husbands account ,but I do believe it is mine after researching it
  • Sep 18, 2009, 12:44 PM
    anderson22
    So none of the money will be released? Is the account frozen until the dept is paid off or just until court on Friday? If I open account elsewhere will they know
  • Sep 18, 2009, 12:47 PM
    stevetcg

    It's a valid debt it seems... so none of the money will be released and nor will any further money deposited. In addition, depending on where you live they may seek a garnishment against any future salary.

    If you open an account elsewhere they won't automatically know... but are you willing to risk them finding out and going after it also?
  • Sep 18, 2009, 12:54 PM
    this8384

    If the judgment is against you, then they can file a lien on anything with your name on it. In order to get the lien released you need to pay the debt in full.

    If you open a new account, they may not find it immediately... but they'll find it.
  • Sep 18, 2009, 12:55 PM
    anderson22

    My work will only do direct deposit, so before my next pay period I need to find some to do with my paycheck.
  • Sep 18, 2009, 12:58 PM
    stevetcg
    Quote:

    Originally Posted by anderson22 View Post
    my work will only do direct deposit, so before my next pay period I need to find some to do with my paycheck.

    Im not sure that is legal. They cannot force you to have a bank account.

    What state do you live in?
  • Sep 18, 2009, 01:00 PM
    anderson22

    Rock island IL . I work in Iowa
  • Sep 18, 2009, 01:03 PM
    stevetcg

    It would seem that they can require it.
  • Sep 18, 2009, 01:50 PM
    anderson22

    Have you ever herd of the wildcard exemption can I use that in court for this checking account?
  • Sep 18, 2009, 01:52 PM
    this8384
    Quote:

    Originally Posted by anderson22 View Post
    Have you ever herd of the wildcard exemption can I use that in court for this checking account??

    No.
  • Oct 2, 2009, 07:53 AM
    anderson22

    I just wanted to let eveybody that helped me that I did go to court and out of the $900 they only kept $200 and unfroze my account that day! So I was very lucky because people before were not all of their money was being kept and some were even told your account will be unfroze in a couple weeks when we get the paper work done! I learned my leason for sure! Show up to court!! Even better make payment plans before court is even a issue!

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