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About Bank account lien.
Hi,
I am a stay at home mom of 2 little children. My bank account showed a balance of $0 on Friday when I still had $198. I called the bank and they informed me that my bank account had a lien from a collections agency for the total of $2,380. Well, they only took $198 which was the available balance. I can't put anymore money in the account but is that mean that I can't have another bank account because it will be lien?? What can I do?? I just found out there is a judgement against me and it goes back to the year 2007. What should I do?? I don't have a job, my husbands paycheck goes to the rent and bills, I have no money to answer to the court or pay this old debt..! Is this ever going to drop or am I going to live like this for the rest of my life?? I thought about Bankruptcy but can't pay for a Bankruptcy lawyer. I feel overwhelmed and stuck. No body sent me a notice saying that my account was going to have a lien. I don't know what to do..! Please advice if you have had experience with this..! Many thanks..! :confused: |
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Your ONLY hope at this point is to go to the Court Clerk, ask to see the papers, determine that the Summons/Complaint were NOT properly served and get the Judgment set aside for bad service. You will undoubtedly be served again before you leave the Courtroom. A Hearing will be scheduled at which time you will present your proof concerning why this is not your responsibility - not your debt, already paid, statute had run out - and the Court will decide. Inability to pay, unfortunately, is not a defense. You were never served with anything, including a copy of the Judgment? If the Judgment is against YOU, your husband has to maintain bank accounts in his name only and only "his money" should be deposited. And, yes, you will live like this until the Judgment is paid. |
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I don't have copies of the judgement but when the bank informed me I went online and found a case number with the California Court, I read it online but couldn't understand. How long will a judgement stay in place?? I am sure it takes years. I can't even set up a payment plan now until I am able to work which is highly unlikly for right now due to I have a 4 year old and a 2 year old to take care of at home and no family to help me with them. Can this people open a new judgement against me or it will be just the one that is already filed and will the decision change?? I mean, if the judge said it will be a lien that will not chenge right?? Just advice me, I will go to the Court House ASAP and get copies..! So should I declare bankruptcy because of this?? I mean, my credit report can't get any worse at this point. |
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Only an Attorney fully familiar with your circumstances can advise you for or against Bankruptcy. If you were not served then you should fight this one. If you lose, of course (as I stated above), the creditor will obtain a new Judgment and will enforce it by whatever means are legal in your State. A Judgment usually stays in place for 10 years, renewable for another 10. It varies slightly from State to State. I appreciate you are upset and close to being in a panic - here's my suggestion. Now you know the bank account should be in your husband's name alone. You do not have an outside job (and being a stay at home Mom is an inside job!) so your wages cannot be garnished. Anything you own jointly can be liened against - real property? Unfortunately the money is out of your bank account. In some States people have said you can file some sort of hardship appeal but it takes quite a while and there are no guarantees. If you do not have a defense to this Judgment you are probably better just leaving it as it is because the creditor can and will obtain a new Judgment if this one is set aside. I wish I had better news for you, but I don't. Anything else I should know? In the meantime, take a deep breath - I know it's hard (if not impossible) to make ends meet on one income and this must be a terrible shock but you have to think this out clearly. Okay? If you post your State I will research the hardship exemption and the bank account - again, it does not apply in all States but maybe it does in "yours." |
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You are right, thank you so much..! I have been crying all day and I can't do that. I will go to the court house and get the papers and request a hearing. I don't know what else to do... I just never thought this would happen to me when I always pay my bills on time. I don't even know what it is?? Is it an old credit card, an old doctors bill?? I have to find out and I will do so this week. Well, then if this is my fault then I have to deal with it and work it out some how. We have no property, as I said before we rent, we pretty much live day to day right now. We have a car payment but not on my name, is on my husbands name. Thank you so much for your help, I truly appreciate it..! |
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 Originally Posted by 831catych
When you go to the Courthouse if they won't give you copies write down what you find out - when it is claimed you were served, how you were served, what address - as well as who the creditor is and what the Judgment was about. And then come back and post that info - wipe out anything that ID's you, of course - and I'll walk you through the next step. And you are NOT alone - times are really tough right now for a lot of people. Just keep a clear head and you'll walk through this. It may not work out 100% in your favor but at least you'll know you did your best. I have a friend whose bank account was suddenly frozen because of a Judgment - ended up it wasn't a Judgment against her. Totally different SS number but the same name; different address. She was never served, the other person was. I don't know how mistakes like this can happen but they do. You would think the bank would check but... |
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Sorry it took so long to write. Well, yes, the credit card was mine from the year 2003, I thought I paid it but I didn't pay the interest they were charging me. Well this people say that is for more than 2,000 dollars and not a couple of hundred (That was the amount that was still owed). Well, I tell you I can't do anything about it right now. I am trying to find a weekend part time job to try to pay it. That is all I can do at this point because I have no money to give them right now. Even thow I wasn't served in person the court shows that I was and I am not going to change it because I will get serve and the process would start all over again and I don't want that to happen. There is a lien on my bank account and they got what they could which was $198.00. Questions: What else can they do?? If I star working will they garnish my waiges right away or that will also have to be process by the court?? I want to set up a payment plan before this happens when I get the part time job. Can people go to jail for credit card debt?? I tell you, what an experience, this is going to make me watch everything more closely next time. Thank you so much for your help and talk to you soon..! |
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No, you can't be jailed for debt. Yes, they can file a garnishment against your salary if/when they find out you are working. I agree - if it is your debt and you believe they can prove it then it is rather pointless to get service set aside because you will only get served again - this time for real. They can also lien against your bank account again - I don't want to advise you to break the law but take a look at your options there. |
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Well, if you've got the heart and stomach for it you might contact your State Attorney General and complain about this OR you can open the Judgment and raise that as a partial defense - ? Right now, in my area at least, the Courts are extremely pro-debtor, pro-unemployed, pro-tenant. |
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$2,380 is the amount of the judgment? I can't see bankruptcy being cost effective for such a relatively small amount. You may be able to claim an exemption on this $198, depending on the wording of your state exemptions law. No, they can't put you in jail. If all else fails, you may have to do without a checking account for a while, and have your husband open an account in his name only. |
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