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Cinder Hella · Mar 21, 2007, 09:30 PM

The title pretty much sums up my question but ill elaborate...

A court found me and my brother guilty of owing back rent. Long story short we had a verbal agreement with the plaintiffs nephew to pay X amount of money a month in rent and we always paid. In essence we we're subleasing. The nephew however spent the money on drugs and didn't pay his uncle. The uncle of course believes his nephew over me and my brother, sues us, has a lawyer, we can't afford one, is friends with the judge to boot, and even though we never signed a lease with the plaintiff or the nephew railroads us and finds us liable for $2000 in back rent. Of course we can't afford this,.
Now recently my brothers bank account was seized, luckily he never used it and there was only $15 in it. I'm afraid my bank account is next so I withdrew all my money and I'm wondering if a company like ING or Paypal can also be seized? I don't know what ING qualifies as exactly but I know Paypal isn't actually a financial institution. Also now that I think about how about a credit card, can the limit on them be seized to pay a debt?

excon · Mar 31, 2007, 07:58 AM

Hello Cinder:

Sure.

excon

Fr_Chuck · Mar 31, 2007, 09:37 AM

Pay pal can be seized if they find it, finding it will be the problem

RubyPitbull · Mar 31, 2007, 03:25 PM

Originally Posted by Cinder Hella

The title pretty much sums up my question but ill elaborate...

A court found me and my brother guilty of owing back rent. Long story short we had a verbal agreement with the plaintiffs nephew to pay X amount of money a month in rent and we always paid. In essence we we're subleasing. The nephew however spent the money on drugs and didn't pay his uncle. The uncle of course believes his nephew over me and my brother, sues us, has a lawyer, we can't afford one, is friends with the judge to boot, and even though we never signed a lease with the plaintiff or the nephew railroads us and finds us liable for $2000 in back rent. Of course we can't afford this,..
Now recently my brothers bank account was seized, luckily he never used it and there was only $15 in it. I'm afraid my bank account is next so I withdrew all my money and I'm wondering if a company like ING or Paypal can also be seized? I don't know what ING qualifies as exactly but I know Paypal isn't actually a financial institution. Also now that I think about how about a credit card, can the limit on them be seized to pay a debt?

I will have to take the word of my colleagues here on whether the limit on your credit card can be seized, but any account you have, if it is traceable, can be seized.

I am a bit confused here. You write well. You seem to have a brain, in fact you sound kind of smart to me. Both you and your brother had/have a bank account. What? No cancelled checks? You know this guy had a drug problem and you gave him cash without receiving a receipt? Huh? I am very confused.

brigid_amor · Apr 2, 2007, 06:03 PM

Depending on the ruling they can seize the funds from anywhere they see fit as long as they can find it- and if they can't find it and they want it enough that's what forensic accountants are for. Smooth move withdrawing all your money from the bank- they're going to see that withdrawl and want to know where the funds went.

Fr_Chuck · Apr 2, 2007, 07:44 PM

There are some "prepaid" visa cards I have seen lately, it appears you don't put your id on them, but the card thierself hold the value, ( sounds like a gift card idea but accepted like a VISA ATM card,

I doubt if there is any tracking on these esp if you get a new one on a regular basis.

Noviceplaintiff · Apr 2, 2007, 07:49 PM

Originally Posted by Cinder Hella

The title pretty much sums up my question but ill elaborate...

A court found me and my brother guilty of owing back rent. Long story short we had a verbal agreement with the plaintiffs nephew to pay X amount of money a month in rent and we always paid. In essence we we're subleasing. The nephew however spent the money on drugs and didn't pay his uncle. The uncle of course believes his nephew over me and my brother, sues us, has a lawyer, we can't afford one, is friends with the judge to boot, and even though we never signed a lease with the plaintiff or the nephew railroads us and finds us liable for $2000 in back rent. Of course we can't afford this,..
Now recently my brothers bank account was seized, luckily he never used it and there was only $15 in it. I'm afraid my bank account is next so I withdrew all my money and I'm wondering if a company like ING or Paypal can also be seized? I don't know what ING qualifies as exactly but I know Paypal isn't actually a financial institution. Also now that I think about how about a credit card, can the limit on them be seized to pay a debt?

Assets only, not including insurance and retirement accounts. Credit cards are debt instruments and you can't create debt to payoff a debt. ING is a financial institution (they are a financial services firm)

brigid_amor · Apr 2, 2007, 08:06 PM

There is tracking on visa and mastercard gift cards so that they're not used for fraud- everything is tracked, especially when it's a fairly decent amount of money.

Fr_Chuck · Apr 2, 2007, 08:52 PM

I believe you, but how, I bought some at the store, paid cash, they did not ask for any ID, I put limited funds and use them for online purcahse now. I just don't know how they can track them to me.

TxSky · Apr 19, 2007, 03:22 PM

Prepaid cards are just gift cards of a type.
They can't be traced.
However, that "big withdrawal" will be noticed. If it was made before a judgment was made against you, it is probably safe.

Don't you have any cancelled checks or rent receipts to present?

neilsen69 · Sep 24, 2009, 10:09 AM

Don't worry about the credit cards, they can only use the sheriff to enforce the judgment to get personal assets and cash in banks. Credit cards are not assets, if you use them, they are liabilities. The limit is not your money it is the credit card issuers money, therefore they cannot seize it. Also, the seizure letter to the bank, like the one they sent to your brothers bank is only good for what's in it at that moment. He can deposit again the next day and they would have to reprocess against that account again. That cost money and 98% of the time they don't strike the same account twice. And you can withdraw all you want good move, your money and you can choose to use it as you wish, yes the court says you owe, but has to grab it before you do. No crime to worry about, just keep your balance low and deal in cash for now.