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Dar10011 · Jan 1, 2009, 06:11 PM

Hi, I just recently found my account has been frozen due to a judgement from a collector.
Not sure how they can do this considering I've absolutely never been served with papers for any financial debt. My girlfriend and I have a joint checking account, in which she receives child support payments into. They are actually my child support payments, and from another person as well. I'm not sure how they can legally do this. I understand this has to be a court ordered thing. It's not possible that they have MY signature on anything. I think they even delivered the papers to my mothers house actually. She just informed me that might have been the case. Not sure what I can do about this, since someone else said that getting a lawyer will be a waste.

I have 3 kids, rent is due, they can't go to daycare, I can't go to work. This is really a no win situation for me that couldn't have happened at a worse time. Any advice would be greatly appreciated.

Thank you

ScottGem · Jan 1, 2009, 06:20 PM

Call or visit your bank and get a copy of the writ of attachment. It will list the court and docket # for the original case. You then go to the court and file a motion to vacate on the grounds of improper service. Ask for an emergency hearing.

At the hearing the judge will determine if proper service was made. But I have to tell you, if your mother received the summons, there is a good possibility the court will assume you were told about it.

Once you know the details of the suit, you may be able to get it vacated on other grounds. Or at least file an appeal for a new hearing. But your account will remain frozen.

Dar10011 · Jan 1, 2009, 06:57 PM

Thanks scott I appreciate it. So I'm wondering if since the account had money in it, and was my girlfriends child support money if there is some kind of unlawful thing against that. Would you know anything about that?

ScottGem · Jan 1, 2009, 07:14 PM

No, since your name was on the account as Joint owner then it was perfectly legal to serve a writ of attachment on it.

However, if you can prove the only funds deposited in that account where her support payments, you should be able to get the writ released.

Dar10011 · Jan 1, 2009, 07:30 PM

Thanks again scott. I'm probably going to contact these people anyway tomorrow to try to settle this thing with them. Hopefully they can work with me on it, and help me take care of it with them. I'm pretty sure I know what the debt is, and am not against taking care of it. I'll have to eventually I'm sure.