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    bc2k's Avatar
    bc2k Posts: 1, Reputation: 1
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    #1

    Sep 23, 2007, 07:57 PM
    Joint bank account frozen
    My mom's health has been declining recently so she added me as the 2nd signer to her bank account three weeks ago. The account was frozen on Friday and after some researching around, I found out that it was because of some debt I owed 9 years ago. There was a default judgement against me on 2000, however I was never served and never got any notice to appear on court.

    I didn't make any withdraws or deposits after my name appeared on this joint account, which is less than a month old, the money in it belong to my mom and she is not resposible for the debt I owe. I have bank statements indicating that the account was under my mom's sole name before this month, and there wasn't any deposits going into the account after my name shows up.

    So what options do I have here to get the accont unfrozen? Is it possible to go to the court to have the restrain order removed?
    keerthi1680's Avatar
    keerthi1680 Posts: 8, Reputation: 1
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    #2

    Jul 20, 2008, 06:25 PM
    Quote Originally Posted by bc2k
    My mom's health has been declining recently so she added me as the 2nd signer to her bank account three weeks ago. The account was frozen on Friday and after some researching around, I found out that it was because of some debt I owed 9 years ago. There was a default judgement against me on 2000, however I was never served and never got any notice to appear on court.

    I didn't make any withdraws or deposits after my name appeared on this joint account, which is less than a month old, the money in it belong to my mom and she is not resposible for the debt I owe. I have bank statements indicating that the account was under my mom's sole name before this month, and there wasnt any deposits going into the account after my name shows up.

    So what options do I have here to get the accont unfrozen? Is it possible to goto the court to have the restrain order removed?
    You say some orders passed by court some years back. Whether it is served on you by the court or not. As for as court not served orders, it will not bind on you. If it is served on you, you have to explain to the bank and produce proof to use the funds in the account for my moms and not for any other purpose.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #3

    Jul 21, 2008, 04:44 PM
    File a Motion to Quash the garnishment do to a third party claim, your mother. Do this now at the court that issuedthe garnishment. This will prevent the funds from being transfer to the collector. As long as you or your mother can prove the funds belong to her alone they will have to remove the garnishment. If the funds a from SSI payment they are exempt from garnsihment.
    0rphan's Avatar
    0rphan Posts: 1,282, Reputation: 240
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    #4

    Jul 22, 2008, 01:41 PM
    HI bc2k.

    There are a couple of things you could do, but it doesn't necessarily mean you will succeed,before you know it the money in the account will be swallowed up.

    I think you need some professional help on this one,rather than waste time trying to sort it out yourself.

    Make an appointment with a Solicitor as soon as you can, he'll know for definite the legalities of the situation.

    Goodluck
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