Ask Experts Questions for FREE Help !
Ask
    JAndrew's Avatar
    JAndrew Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Apr 2, 2010, 11:55 AM
    Arbitration and SOL; also freeze spouces bank account?
    I have two questions, I live in TX:

    1) If a credit card debt goes to arbitration, does a decision by the arbitration restart the SOL?

    2) If a credit card debt lawsuit results in a judgement against me, can they freeze my spouse's bank account if my name is not on the account in any manor?

    Thank You
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #2

    Apr 2, 2010, 12:22 PM

    For most debts they can not garnish you in Texas.

    The case should be dismissed at the first hearing or before if you filed for a dismissal due to SOL. If it is being sent to arbitation, then the court must believe it is within the SOL and you did not properly address this
    JAndrew's Avatar
    JAndrew Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Apr 2, 2010, 12:28 PM
    They cannot garnish, but they can place a freeze over a bank account until the judgement has been satisfied. My question is, if the credit card was in my name only, can they freeze a bank account that is my wife's name only?

    The SOL had not been met when the case went to arbitration. My question is, did the SOL restart when it did go to arbitration, or when a decision was met? The date of last activity and the date the case went to arbitration was a one year period. Now I am being sued for the same account and it has been 3.5 years since date of last activity.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #4

    Apr 2, 2010, 12:45 PM

    Not if the court ordered the arbitation,

    As long as you don't put any of your money into her account, they can not freeze hers.

    They may freeze joint accounts until she proves what money is hers in it.

    And if you attempt fraud by hiding your money in her account, they may also freeze it, if they prove it
    JAndrew's Avatar
    JAndrew Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Apr 2, 2010, 12:50 PM

    The court did not order the arbitration. It was done by the credit card company before it sold the debt to a "debt buyer". Now I am being sued by the debt buyer.
    anawhite's Avatar
    anawhite Posts: 1, Reputation: 1
    New Member
    		  
    #6

    Jul 1, 2011, 06:05 PM
    Can I put a freeze on my spouse lawsuit, if we r still married and he wants to leave with his money. Leave me stuck after I supported him for 3 pluse yrs. We been married almost 14 yrs
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Bank Account Freeze or Seizure [ 1 Answers ]

Can this happen to ones account after a foreclosure and sale of the home --- because the sale amount was less than the owed amount.

Freeze Bank Account PA [ 2 Answers ]

My wife and I are retired and living in PA. If a credit card company files a judgement against us, can they freeze our bank account. The only funds being deposities are social security and a government pension.

Judgement may Freeze Bank Account [ 4 Answers ]

Good Day, I would like to know if it's legal for a Law Office to purchase my credit card debt from a creditor and then sue me for an amount more than 3x the amout I owed initially. This law office has a judgement against me and have frozen my account before. I originally agreed to pay them,...

Freeze on bank account [ 3 Answers ]

Hello My bank account was frozen in feb last year due to credit card debt but about a week later I had my tax returns directly deposited into that same acct and ever since then I hava been getting a monthly statement with a balance! What happens to that money since the account was frozen already...

Can they freeze my bank account [ 2 Answers ]

One more question if I was to get A judgement. Can they freeze my bank account There nothing in it. The only money that's coms is my s.s disabilty every month?? :confused: :confused: :

View more questions Search