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    rscal1's Avatar
    rscal1 Posts: 4, Reputation: 1
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    #1

    Oct 26, 2008, 10:31 AM
    Lien on bank account
    11 years ago my wife had some dental work. We were dating but not married at the time. An attorney bought the debt from the dentist and had worked out a payment with my wife. We had to go into bankruptcy but the trustee dismissed the case after a few months. Now the attorney has put a lien on our account. My wife is out of work so I am the only person with money going into the account. It has been over 2 years since we last made a payment to the attorny. I am not able to pay at this moment and losing any of my check will put us back into bankruptcy. What is there that I can do?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 26, 2008, 10:49 AM

    Well of course not paying anything, even a little for 2 years has not helped as you see.

    First don't put any of your money into this account and open one under just your name to use.

    You will have to go to that court and prove it was your money in that bank account to get any of that money released while it is still frozen, once they take the money it will be harder
    slowandeasy's Avatar
    slowandeasy Posts: 353, Reputation: 14
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    #3

    Oct 26, 2008, 10:50 AM

    Hello

    First of all a judgement from the court is the only way a freeze can be put on your account
    Bottom line is they took you to court and got a judegement which gives them the right to take any funds. Now you stated that the debt was 11 years old? Sounds like the sols would have come into play before it went to court. Did you get a civil warrant to apear with a date? Was your bankruptcy discharged or dismissed? Please explain a little more
    rscal1's Avatar
    rscal1 Posts: 4, Reputation: 1
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    #4

    Oct 26, 2008, 11:11 AM

    The bankruptcy was thrown out by the trustee, she said for failure to pay. We had done what our lawyer said to do, double our payment once a month instead of twice a month. Would the sol still be expired since it was only two years since last paying the lawyer.
    rscal1's Avatar
    rscal1 Posts: 4, Reputation: 1
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    #5

    Oct 26, 2008, 11:12 AM
    Quote Originally Posted by rscal1 View Post
    The bankruptcy was thrown out by the trustee, she said for failure to pay. We had done what our lawyer said to do, double our payment once a month instead of twice a month. Would the sol still be expired since it was only two years since last paying the lawyer.
    We did not receive anything from the court or the lawyer about a pending case or judgement.
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