[westlake]

Hello, I am REALLY writing this on behalf of my best friend who does not have a computer. Her bank account was garnished recently which left her penniless. This was apparently due to a ten year old medical bill that she was not aware of. The bank never notified her that her account was frozen. She immediately closed her account but continues to receive charges after the fact. What recourse does she have in serving judgement and most importantly what are the specific laws regarding this? Thank You. Chris & Linda

[mr.yet]

Did she receive a summon to appear in court?

[westlake]

Thank you for responding. No. She never received any communication from a court or the bank. I have interpreted what I have read that a financial institution is responsible for notifying a client prior to this action being taken. Truth be told I don't trust my interpretation, however I do trust my instinct. The Bank she dealt with is Bank of America which has a lengthy list of complaints and litigation against. Chris

[ScottGem]

The bank will not and is not obligated to inform her. I don't know where you got that. However, once she becomes aware of the garnishment, she can demand to see a copy of the court order. This will give her the court that issued the garnishment and information about the judgement that was entered against her. She can then file a Motion to Vacate with that court on the grounds of improper service.

If she was never informed about the judgement, then she should be able to get it vacated. However, that's only a delaying action. If she owes the debt she needs to arrange a settlement.

Look in the Bankruptcy and Debt forum, there are many threads that are very similar, you can find a lot of advice there.