[sarasmom61809]

This is the second time this had happened. One judge put my money back in my account-- then it happens again and Im waiting for my money--- Leaving me with a child and $0.00 in my account

[ScottGem]

We need to know the circumstances. Your account can't be levied without a court order. So how was this done wrongfully?

[Fr_Chuck]

Yes, please explain what type of court order, did you go back to court and get the order over turned,

Why was the money given back the first time, and how long ago was it

[sarasmom61809]

Do you remember talking with me back in August? I was dismissed with prejudice from a case and then my account was levied. After a few court dates, and finally getting in touch with the constable, the judge returned my $.Thurs my $ was levied again

[sarasmom61809]

Im not sure you you remember me. I'll repost my old stuff from August. This is crazy.

[ScottGem]

I've merged your threads. You should have just added to the original thread.

What you need to find out is whether this new levy is based on the same case. If it is I would show the bank the previous court order. If it is I would tell them to lift the freeze immediately or you will include them in your suit against the plaintiff. Then I would sue her.

[sarasmom61809]

The plaintiff did it the right way this time. The writ clearly states his name with ONLY in big bold letters after it

[ScottGem]

Don't use the comments to add follow-up. Use the Answer options.

So the bank levied your account that doesn't have his name on it? Did you point that out to the bank? Did the write include an account number?

[sarasmom61809]

The $ is supposed to be in my account tom. Someone is not doing their job. They're typing in the docket # and that's it... This is the 2nd time and they leave me flat broke for days and/or weeks. I can't keep missing work. I've lost $ because of this

[sarasmom61809]

Oh OK sorry :o)... The first writ, the plaintiff put my name and account # on it which she wasn't supposed to because I was already dismissed ( unless she thought he was on the account) which is understandable. The new writ, she had actually done correctly. I did point it out to the bank but they could give me no answers. I don't know who to scream at more, the courts or the bank?

[ScottGem]

I think you may have grounds for a suit this time

[sarasmom61809]

Do you really think? I
've missed so much work going back and forth to court the first time-- you remember my stress level was through the roof. This time, I walked out of work and went right to the court house and demanded an answer. The judge that originally handled my case was on vacation. The one they gave me thurs for an emeg hearing was a complete jerk to me. After that, the girls in the office said this shouldn't have happened AGAIN.. That night I felt lie I was having a heart attack or a nervous break down. This isn't fair to me. So fri morning I went back to the court to try and get more answers. They were all helpful and said the $ should be in there today( fri) or mon. Ya think they would have made sure it was in right away, but NO.. I have to wait for their mistake. If it's not there tom, what should I do? If it is there tomorrow, should I still raise hell?

[ScottGem]

If the bank levied your account when the writ did not mention it, then it's the bank's fault.

[sarasmom61809]

OK. So the courts have to show the bank the NEW writ that the plaintiff filled out. The new judge said that I failed to file a motion to have my name removed from the judgement so it's my fault that they went in again. The office downstairs said that filing a motion would only dismiss me as well and that my name will always be linked to that case even though I am not liable. They said that somebody is not reading the writ, that they see my name on top and that's what they're going by. They said filing a motion is not going to do anything, that the writ clearly states him as the debtor not me

[AK lawyer]

ok. so the courts have to show the bank the NEW writ that the plaintiff filled out. The new judge said that I failed to file a motion to have my name removed from the judgement so it's my fault that they went in again. The office downstairs said that filing a motion would only dismiss me as well adn that my name will always be linked to that case even though I am not liable. They said that somebody is not reading the writ, that they see my name on top and thats what they're going by. They said filing a motion is not going to do anything, that the writ clearly states him as the debtor not me

It's unclear what's going on here. We have 5 pages in this thread and only on the last two pages are posts dated today or any time since August 27th. If the judgment creditor obtained a writ of execution against you although there was an order in the case file dismissing you from the case (looks like a case of terminal stupidity on the part of the clerk of court), you may be entitled to an award of damages against the judgment creditor.

The plaintiff did it the right way this time. The writ clearly states his name with ONLY in big bold letters after it

Ok, maybe the plaintiff tried to avoid the mistake and the clerk screwed up anyway. I would vigorously complain to the clerk's boss.

[ScottGem]

It's unclear what's going on here. We have 5 pages in this thread and only on the last two pages are posts dated today or any time since August 27th. To summarize: If the judgment creditor obtained a writ of execution against you although there was an order in the case file dismissing you from the case (looks like a case of terminal stupidity on the part of the clerk of court), you may be entitled to an award of damages against the judgment creditor.


Ok, maybe the plaintiff tried to avoid the mistake and the clerk screwed up anyway. I would vigorously complain to the clerk's boss.

I merged the two threads because the original thread gives the background needed. If you had read through it, it becomes clear. A judgment was awarded the plaintiff against the OP's husband ONLY. However, the plaintiff fudged the original writ so the OP's account, which the husband is not listed on, was levied. The OP went back to the court and the writ was vacated. The plaintiff resubmitted the writ correctly, but the bank applied it AGAIN against her account.

Therefore this time it was the bank's mistake, and, given the fact that a write was previously removed and the fact that the write did not apply to her account, she may have a cause of action against the bank.

[sarasmom61809]

I spoke with the bank manager last night because I personally know her. When this happened, she asked the woman who took care of uit. She stated that once again, both of our names were on the judgement paper. The clerks office said that my name will never be removed from that docket # even though I am dismissed. Also stated that filing a motion to dismiss my name from the judgement would do nothing but dismiss me and that my name would still remain. I have all this paperwork stating that I am dismissed and am not liable but they take all of my $ anyway. As I stated to you ScottGem who's helped me so much, I'm on the verge of a nervous breakdown. I've proved myself to the first judge which wasn't easy and now a new judge doesn't let me get two words in. He was so mean to me. This is making me more upset as the time passes. I can't wait to check my account later to see if the $ is put back in. If it is, should I still raise hell? If it isn't, what should be the next step that I take? Thurs the $ was levied- so I'm on day 5. I just don't want to waste any time. Once again, all of your help is greatly appreciated.

[sarasmom61809]

Definitely looks like what happened to me. I have all these people on my side at the court house but no true answer as to why this happened. They are pointing the finger at the constibale

[sarasmom61809]

Constable ;o)

[sarasmom61809]

I was on the phone with the bank and court all day today while I was at work. The money has not been put in as of now. They have all of the paperwork but no relief on my end. I'm so lost