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Artfulmama · Jan 18, 2011, 03:09 PM

Our joint bank account was frozen without legal notice. We were left a legal document on our doorstep two years ago. My husband came to a verbal agreement with a creditor and paid them two checks. We only have proof of the one check. Now in 2011 we have received NO NOTICE either in writing, phone call whatever that they must have not received the 2nd check and now they have ALL OUR MONIES FROZEN. We offered to pay the remaining amount in a overnight cashier's check but they rejected the offer. WE HAVE NO MONEY PLEASE ADVISE

tickle · Jan 18, 2011, 03:17 PM

You must have dropped the ball somewhere and didn't know they got a judgment against you, only way they can freeze a bank account. So where were you while all of this was going on. Have you moved around a lot so you could not receive mail notices, etc.

There is nothing you can do accept if you have any benefits that are automatically deposited, then cancel them and have the cheques sent to your home address if you have one that you can rely on.

Artfulmama · Jan 18, 2011, 03:27 PM

To get a written judgement against you don't they have to serve you papers LEGALLY and receive a signature.? WE did not receive and court documents, letters or notices stating there was a judgement against my husband to our home. Lived here for 5 yr

Artfulmama · Jan 18, 2011, 03:28 PM

After sending the two checks in 2008 we never heard from them until I checked my account last week in 2011 and it was frozen!

excon · Jan 18, 2011, 03:55 PM

Originally Posted by Artfulmama

To get a written judgement against you dont they have to serve you papers LEGALLY and receive a signature.?? WE did not receive and court documents,

Hello A:

You're right... Go to the court that awarded the judgment and file a motion to set it aside for lack of service... If there are NO documents PROVING they made legal service on you in the file, you'll win and they'll have to start all over again... If there IS, you'll lose. MOST judges won't award a judgment unless they're SURE that the defendant was served... Then there are some who don't care...

excon

ScottGem · Jan 18, 2011, 04:00 PM

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html

Tickle was absolutely correct. For the bank to freeze your account, they had to have received a judgment to them obtain a writ of execution. The bank will have a copy of the writ which will list the court and case number of the judgment.

Now it is possible you were never properly served, just as it is possible you dropped the ball. You do state you were served with a legal document two years ago. This may have been a notice of a suit. If so, and you did not answer that summons properly, the plaintiff was able to get a default judgment which they decided to use.

What you need to do now is first make sure they have a judgment. If you think you can show improper service. You can ask to vacate the judgment on the grounds of improper service. You can also try to vacate on the grounds that you paid the debt. But you will need to prove it.

Fr_Chuck · Jan 18, 2011, 06:36 PM

If they had a previous judgement, there is no requirement for them to notify you of the garnishment. Unless they could not know where you were at and got it by publication.

So if the judgement was not legal you can ask for it to be over turned,

Also a side note, most credit agencies can't be trusted so you did not have any agreement with them unless it was in writing.