Ask Me Help Desk - Bank Account Frozen

A judgement was placed on me from a credit card company where I owed a little over $2,000. I had moved from where the original papers were sent and did not attend the court date. I have never received any new information regarding this action at my present address. However, after receiving money in my bank account from my tax return, I later found out that my account has been frozen by the lawfirm handling collecting the debt. They're saying that I owe over $8,000. How can they get access to my bank account? I was not properly informed that such action was going to take place. Also, I have not been working since January. I need this money to secure my current living expenses. What should I do at this point?

The bank and the court gave me information regarding the lawfirm. If I contact them, what should I say and what are my rights? I don't have a lawyer.

You didn't show up in court so they obtained a default judgement against you. With judgement in hand they found your bank account and got a court order to attach it. They generally do not have to inform you before attaching the account once they get the judgement.

What you want to do now is NOT contact the lawfirm, but go to the court anf file a motion to Vacate the judgement. Cite the fact that you where not served notice of the court date. Once you get the judgement vacated, they will have to refile. At that point, you demand proof of the debt.

Follow what ScottGem said to do, one other thing to file is a Motion to Quash the garnishment, this will delay the bank from release funds to the attorney.

Quote:

Originally Posted by Beulah

A judgement was placed on me from a credit card company where I owed a little over $2,000. I had moved from where the orginal papers were sent and did not attend the court date. I have never received any new information regarding this action at my present address. However, after receiving money in my bank account from my tax return, I later found out that my account has been frozen by the lawfirm handling collecting the debt. They're saying that I owe over $8,000. How can they get access to my bank account? I was not properly informed that such action was going to take place. Also, I have not been working since January. I need this money to secure my current living expenses. What should I do at this point?

The bank and the court gave me information regarding the lawfirm. If I contact them, what should I say and what are my rights? I don't have a lawyer.

Thanks a lot. But how do I go about filing to vacate the judgement or filing a motion to quash the garnishment?