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    lwevans22's Avatar
    lwevans22 Posts: 1, Reputation: 1
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    #1

    May 14, 2007, 08:33 AM
    Attachment of Bank Account
    My bank account was attached and I received no notice from my bank. The basis for the attachment was a claim over 10m years old. What should I do? Can then bank do this? Can a creditor attach on a claim this old?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    May 14, 2007, 08:52 AM
    Hello lw:

    The bank isn't required to inform you. If the bank has been given a court order, it must comply. In order to have been granted a court order, however, a creditor must have sued you and won. In order to have sued you and won, HE would have had to notify you. If he didn't, you can go back to the court that awarded the judgment, and move the court to set aside the judgment for lack of service.

    You can hire a lawyer to do that, you can go yourself, or you can write a letter telling the judge you were never notified and ask him to consider your letter a motion. Send a copy to the plaintiff's lawyer (important!) If that's granted, then you can make the old debt claim. You can find out which court it is by viewing the bank attachment order. The bank will be happy to show it to you.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 14, 2007, 09:06 AM
    To be able to attach your bank account, the lender had to get a judgement, a judgement is normally good for 10 years. And normally can be renewed for another 10 if needed.

    You should have been notified of the court hearing when the lender took you to court. The bank does not have to notify you.

    If you were not properly notified you may go back to court and get it overturned, Also if you can prove it is not a valid debt.
    But getting an attorney would be the first place to start

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