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white rook · Dec 11, 2007, 10:32 AM

A creditor placed a restraining order on my checking account. Besides giving them all of my funds what else can I do?

slowandeasy · Dec 11, 2007, 02:31 PM

First of all a creditor does not put a freeze on your checking account, a judgement awarded to a creditor does, Now before this happened you should have received letters calls and finally a civil summons for the debt. Bottom line is if you did not answer the summoms a default judgement was entered against you thus giving a creditor acess to your checking account and possibly your wages if your state allows it. How old is the debt?

ScottGem · Dec 11, 2007, 02:34 PM

As Slow said, a freeze is not placed without court action. Were you not aware of this action?

white rook · Dec 12, 2007, 11:29 AM

Thanks for the replies, my debt is 2-3 yrs old. I was not aware or notified of any court action. I have moved a lot within that period.does that matter? Do I have to go to Court?

ScottGem · Dec 12, 2007, 11:33 AM

Get a copy of the order to determine what court it was granted through. Then file a motion to Vacate the judgement on the grounds of improper service since you were never informed of the suit.

white rook · Dec 13, 2007, 09:49 AM

Originally Posted by ScottGem

Get a copy of the order to determine what court it was granted through. Then file a motion to Vacate the judgement on the grounds of improper service since you were never informed of the suit.

How do I do that?

ScottGem · Dec 13, 2007, 10:04 AM

Do which part? You get a copy of the court order from your bank, it will list the court, then you contact the court for the rest. Or get a lawyer.

white rook · Dec 14, 2007, 08:24 AM

Originally Posted by ScottGem

Do which part? You get a copy of the court order from your bank, it will list the court, then you contact the court for the rest. Or get a lawyer.

Thanks ILL TRY THAT