Ask Experts Questions for FREE Help !
Ask
    JenniferT55803's Avatar
    JenniferT55803 Posts: 2, Reputation: 1
    New Member
     
    #1

    Aug 8, 2006, 05:01 PM
    Bank Account Judgement
    Last week I discovered that my bank account was 0. I called my bank and they explained that I had a legal judgement against my account for debt collection. I have an appointment with an attorney later this week but cannot cash my paycheck at my bank as they will force deposit it into my account to pay my debt. I work at a small company that hand writes the payroll checks and cannot find anywhere to cash my hadnwritten check. What can I do? I have $2 in my wallet and need the money. Does the judgement appear when my social security number is run? Could I open another savings account at a different bank while I wait for my appointment with my attorney?
    HELP!
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
    Senior Member
     
    #2

    Aug 8, 2006, 05:27 PM
    Somewhere along the line, you knew you had a judgement and levying your bank account is the easiest way for a creditor to collect on the judgement.

    Either cash your paycheck at the bank it is drawn on or go to a check cashing service and get cash for your paycheck... use a nominal amount of cash to open another checking account - if you can, use the same bank your paycheck is drawn on so that they can credit your paycheck immediately.

    Close the bank account that the judgement creditor knows about and if they know where you are employed, their next option is to levy your pay so expect this action.

    Keep track of monis paid on the judgement as you want a "satisfaction" filed when the judgement is paid.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #3

    Aug 8, 2006, 05:39 PM
    Hello Jennifer:

    If the attorney who found this account does his job, he'll find any new account you set up too, and you'll be right back where you started. Their next step will be your employer to garneshee your wages, and then you won't even have a paycheck to worry about.

    Yes, you can live underground for a time, but you're going to have to settle this judgment if you want to live an ordinary life.

    An attorney isn't going to be much help at this point, either. It's a little late. The only way the judgment is going to be overturned is if you can prove that you've never been served. I'll bet, you've been served, and I'll bet the plaintiff can prove it. As a matter of fact, he probably did already, if the judge was doing his job.

    Your lawyer might be able to negotiate a settlement, but you can too, so why pay him?

    excon
    JenniferT55803's Avatar
    JenniferT55803 Posts: 2, Reputation: 1
    New Member
     
    #4

    Aug 8, 2006, 05:41 PM
    Thanks for the answer. I tried to use a check cashing service today but since I work for a small company, they hand write my payroll check and I cannot find anyone to cash a handwritten check.

    I also cannot open an account at the same bank that my check draws from as it is the same bank that I have now.

    If I open another account at a different bank, will they be able to take my the money too?

    I am filing for bankruptcy on Friday.
    zonum1501's Avatar
    zonum1501 Posts: 1, Reputation: 1
    New Member
     
    #5

    Aug 27, 2006, 06:03 AM
    Well Jennifer if you think you have troubles try mine on for size... my wife had lung surgery and since we had no insurance I used a credit card to pay some money for the surgery and also for her treatments. I work but am really struggling with the everyday bills. I just found out that I am getting laid off my job in 4 weeks and so I figured I had enough money to cover 2 house payments in the bank. Big surprise when I went to pay for my wife's lifesaving medicine and the check would not go through as there was zero dollars in the bank. Yes, the judgement that I was supposed to pay $300 a month and I asked them if I could pay only $100 came along and snatched all of my money. Now I have a bigger dilema as I do not qualify for help for my wife - make $13 too much for help, and now no money to pay my house payment... are they trying to force the sale of my house? How is it that corporate lawyers can rob the people that are at least trying? Is it time to just give up on everything? My wife's meds cost almost $400 a month. Now what am I supposed to do? Anyone have any answers for this?
    talaniman's Avatar
    talaniman Posts: 54,327, Reputation: 10855
    Expert
     
    #6

    Aug 27, 2006, 08:06 AM
    Quote Originally Posted by JenniferT55803
    Thanks for the answer. I tried to use a check cashing service today but since I work for a small company, they hand write my payroll check and I cannot find anyone to cash a handwritten check.

    I also cannot open an account at the same bank that my check draws from as it is the same bank that I have now.

    If I open another account at a different bank, will they be able to take my the money too?

    I am filing for bankruptcy on Friday.
    Yes they will find any account with your name on it, May I suggest a surrogate ,some one you trust to cash your checks for you until this mess is cleared up. Mom or dad or sister brother best friend?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #7

    Oct 3, 2007, 08:11 AM
    Quote Originally Posted by zonum1501
    Well Jennifer if you think you have troubles try mine on for size...my wife had lung surgery and since we had no insurance I used a credit card to pay some money for the surgery and also for her treatments. I work but am really struggling with the everyday bills. I just found out that I am getting laid off of my job in 4 weeks and so I figured I had enough money to cover 2 house payments in the bank. Big surprise when I went to pay for my wifes lifesaving medicine and the check would not go thru as there was zero dollars in the bank. Yes, the judgement that I was supposed to pay $300 a month and I asked them if I could pay only $100 came along and snatched all of my money. Now I have a bigger dilema as I do not qualify for help for my wife - make $13 too much for help, and now no money to pay my house payment....are they trying to force the sale of my house? How is it that corporate lawyers can rob the people that are at least trying? Is it time to just give up on everything? My wifes meds cost almost $400 a month. now what am I supposed to do? Anyone have any answers for this?
    If you are at least trying, most places will leave you alone. If you weren't trying and it went to collections and that's what prompted you to start trying in the first place, that's a different story.
    Have you looked into receiving state aid of any kind? If you don't receive enough income you may be eligible for state-provided health care. I had to get on that when I found out I was pregnant because neither one of us made enough money for private health care and our jobs didn't provide any.
    hackfish1's Avatar
    hackfish1 Posts: 1, Reputation: 1
    New Member
     
    #8

    Jan 7, 2008, 11:47 AM
    Quote Originally Posted by JenniferT55803
    Last week I discovered that my bank account was 0. I called my bank and they explained that I had a legal judgement against my account for debt collection. I have an appointment with an attorney later this week but cannot cash my paycheck at my bank as they will force deposit it into my account to pay my debt. I work at a small company that hand writes the payroll checks and cannot find anywhere to cash my hadnwritten check. What can I do? I have $2 in my wallet and need the money. Does the judgement appear when my social security number is run? Could I open another savings account at a different bank while I wait for my appointment with my attorney?
    HELP!
    Filed complaint with Feceral Trade Commission online service or contact U.S. Attorney General Office
    dottyspotty's Avatar
    dottyspotty Posts: 3, Reputation: 1
    New Member
     
    #9

    Dec 9, 2009, 03:16 PM
    My daughter has an account as a minor. Would they be able to freeze her account?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #10

    Dec 9, 2009, 03:53 PM
    Quote Originally Posted by dottyspotty View Post
    My daughter has an account as a minor. Would they be able to freeze her account?
    Hello dotty:

    If she has a judgment against her, sure they can. If YOU have a judgment against YOU, and YOU have a JOINT account with your daughter, YES, they can seize that account.

    excon
    hansvanhoek's Avatar
    hansvanhoek Posts: 1, Reputation: 1
    New Member
     
    #11

    Oct 27, 2010, 07:46 AM
    Here is a real simple solution: To avoid these SCUMBAG lawyers access to your account by ways of a judgement, just open an account in someone's name that you trust. I opened an account in my wife's maiden name. I have the debit card, I deposit checks into it by assigning them over to her name. I pay bills with etc. Just like your own account. Also protect your personal property that way... I signed over my car in my son's name. There are many ways to protect your assets that way. You can also open a trust but then you have to set up a trust and deal with a SCUMBAG lawyer! Hope this helps.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search


Check out some similar questions!

Bank account garnishment law [ 8 Answers ]

Can a creditor place a garnishment on my account and take or hold funds without notifying me first. This has recently happened to my bank account and now there are numerous over draft charges because of this hold and the transactions where prior to the hold is this legal. Thank You, Tbreland

Bank Account Seizure [ 14 Answers ]

I was married less than a year ago. Up to this point I have had a bank account for 13 years, no problems and no outstanding debt. But my new husband has a debt that is unresolved and now creditors/collectors has put a freeze on my bank account because I recently added his name. All of the monies...

Frivolous Garnishment On Bank Account [ 6 Answers ]

Hello friends... i need help!! My bank account was garnished by a credit card creditor as so was my direct deposit paycheck. i'm a mother of four and live paycheck to paycheck. I called to the creditor and advised them i never had a credit card nor lived in the city,state that they stated they...

Bank Account Garnishments [ 5 Answers ]

My bank account was recently frozen by a company for a vehicle I co-signed for with a friend in 1999 who had insufficient credit. It was repossessed without my knowledge until much later :mad:. The car was purchased solely for my friend to use as I had a car;never drove it or rode in it. Both of...

Bank account levy [ 5 Answers ]

We live in Missouri. My husband has had a levy placed upon our bank account from a repo from several years ago. What will happen to the account? This account is seldom used, but if this is what they want to do, then should I start making monthly deposits in it? How much are they entitled to?...


View more questions Search