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Mysticsusan · Oct 8, 2007, 06:54 PM

I found my bank account with a zero balance, Friday night, $1600 was missing.
I called the bank and they said there was a judgement against me and my account was attached. I went to the bank the next morning and all they gave me was a phone number of a law firm they would not give me any information. They would not give me a print out or copy of the judgement.
I had no idea who this judgement was from.
I made some calls today and found out the name of the law firm that ha this judgement against me, I called them and they returned my call.
They are not willing to make any deal with me or release my funds.
What can I do to get the hold released?
I would be willing to make payment arrangements if my funds are available to me if they are allowed to keep my entire account, what can I do?
I don't get paid again for 2 weeks and I have direct depostit and the girl who does the direct deposit is on vacation for 2 weeks so I won't be able to stop the next check either.
Worse part is I owe the IRS and they take the money out monthly and now there are no funds available.

steph73 · Oct 10, 2007, 07:12 AM

Originally Posted by Mysticsusan

I found my bank account with a zero balance, Friday night, $1600 was missing.
I called the bank and they said there was a judgement against me and my account was attached. I went to the bank the next morning and all they gave me was a phone number of a law firm they would not give me any information. They would not give me a print out or copy of the judgement.
I had no idea who this judgement was from.
I made some calls today and found out the name of the law firm that ha this judgement against me, I called them and they returned my call.
They are not willing to make any deal with me or release my funds.
What can I do to get the hold released?
I would be willing to make payment arrangements if my funds are avalable to me if they are allowed to keep my entire account, what can I do?
I don't get paid again for 2 weeks and i have direct depostit and the girl who does the direct deposit is on vacation for 2 weeks so I won't be able to stop the next check either.
Worse part is I owe the IRS and they take the money out monthly and now there are no funds available.

First and foremost get a copy of the writ of garnishment, go to the county clerks office, get a copy of that, you have so much time to respond to the writ. Every state has different exemption claims. Do your research for your state. Find out what is exempt from garnishment and what is not, if your bank account is fair game there may be nothing you can do, however I would contact the IRS right away and let them in on your situation so they don't think your trying to ditch them. Do your homework quickly this process can take time depending on your state. My situation is finally going before a judge next Monday, but my bank account was frozen on September 14th, so a month later I am getting somewhere. Please let me know what state your in and I'll do what I can to research your state. Stephanie

ScottGem · Oct 10, 2007, 07:15 AM

You can either go to the court to get a copy of the judgment or you can DEMAND that your bank give you a copy of the order served on them. They are required to do so.

If you were unaware of the suit and were never properly served you might get the judgement vacated on those grounds.

Mysticsusan · Oct 10, 2007, 07:42 AM

Originally Posted by steph73

First and foremost get a copy of the writ of garnishment, go to the county clerks office, get a copy of that, you have so much time to respond to the writ. Every state has different exemption claims. Do your research for your state. Find out what is exempt from garnishment and what is not, if your bank account is fair game there may be nothing you can do, however I would contact the IRS right away and let them in on your situation so they don't think your trying to ditch them. Do your homework quickly this process can take time depending on your state. My situation is finally going before a judge next monday, but my bank account was frozen on September 14th, so a month later I am getting somewhere. Please let me know what state your in and I'll do what I can to research your state. Stephanie

I live in ny and was granted a court date yesterday of 10/22

But they will not release my funds even though I have a court ordered stay.

ScottGem · Oct 10, 2007, 07:47 AM

All the stay does is prevent them from turning the funds over pending resolution in court. It doesn't lift the freeze.

You need to send a copy of the stay to the creditor with a request for documentation. You want verification of the debt and verification of service for the original suit.

Mysticsusan · Oct 10, 2007, 08:07 AM

Originally Posted by ScottGem

All the stay does is prevent them from turning the funds over pending resolution in court. It doesn't lift the freeze.

You need to send a copy of the stay to the creditor with a request for documentation. You want verification of the debt and verification of service for the original suit.

I do owe the money and was in the process of filling bankruptcy but they froze my account before the attorney filed it, he won't help me with this part.

I sent the paper work to the attorney with the freeze will I be able to get my account released to pay bills rent food etc, if I agree to monthly payments, and then file the bankruptcy?

ScottGem · Oct 10, 2007, 08:30 AM

Nope. Why should they accept monthly paymernts when they have the whole thing? I'm afraid you are stuck here.

slowandeasy · Oct 10, 2007, 09:45 AM

Hello

I find it strange that your attorney won't help you with the freeze on your account if you were in the process of filing bankruptcy. It just seems to me that with the amount you had to pay for the bk attorney he would help you.

Mysticsusan · Oct 10, 2007, 10:10 AM

Originally Posted by slowandeasy

Hello

I find it strange that your attorney won't help you with the freeze on your account if you were in the process of filing bankruptcy. it just seems to me that with the amount you had to pay for the bk attorney he would help you.

I only gave him $500 he needs another $1000 to file, I have no way of getting him more money at this time. :0(

Mysticsusan · Nov 2, 2007, 03:07 AM

Update, I went to court agreed to make payments, got bank account back. Took money out and brought immediately to laywer and filed bankruptcy.. thanks for your help

excon · Nov 2, 2007, 04:24 AM

Hello M:

So, you agreed to make payments, then took all the money and paid an attorney to file BK so you don't have to make those payments. Don't sound right to me.

I'm surprised the collector gave you anything back.

excon