Ask Me Help Desk - Bank account frozen

Bank account frozen

My bank account was frozen for a judgment against me. I have a hearing next week will I get any of the money back? I have bounced all kinds of things including house payment electric payment I am a single mother of 3 and do not get child support there is nobody to borrow money from. I can't even buy food for my family right now. I only know about the hearing because of my bank.I was told I will not get any of my paycheck back is this true?

Its probably true, yes.

Does the hearing have anything to do with the judgment that was used to freeze your account? Usually there is a hearing and that's it... if they are at the point of liening your assets, there isn't much else to talk about in court.

I agree with steve. Is the hearing for this particular judgment or is it for another case? Usually if a creditor is awarded a judgment, the only way to get it reversed is by filing an appeal.

There is a judement 04/08. The hearing on Friday is to have the judge release funds in my checking account.

Quote:

Originally Posted by anderson22

there is a judement 04/08. The hearing on Friday is to have the judge release funds in my checking account.

On what grounds? Did you file to have the judgment dismissed?

No I did not go to court. I asked the credit card company tp prove it was my account and the said they did not have to. I was also told I did not have to do to court.

Quote:

Originally Posted by anderson22

no I did not go to court. I asked the credit card company tp prove it was my account and the said they did not have to. I was also told I did not have to do to court.

Who told you you didn't have to go... the collection company? And you believed them?

You didn't have to go... but a default judgment would be ordered against you if you didn't.

The other real question is "is it your account?"

This whole thing is turning out to be a mess.

If the company has already been awarded a judgment, then they don't have to prove anything at all. The judge is not going to release the lien against your account just because you didn't show up for the initial hearing in which the judgment was awarded.

yes it was a default judgement and I thought it was my x-husbands account ,but I do believe it is mine after researching it

So none of the money will be released? Is the account frozen until the dept is paid off or just until court on Friday? If I open account elsewhere will they know

It's a valid debt it seems... so none of the money will be released and nor will any further money deposited. In addition, depending on where you live they may seek a garnishment against any future salary.

If you open an account elsewhere they won't automatically know... but are you willing to risk them finding out and going after it also?

If the judgment is against you, then they can file a lien on anything with your name on it. In order to get the lien released you need to pay the debt in full.

If you open a new account, they may not find it immediately... but they'll find it.

My work will only do direct deposit, so before my next pay period I need to find some to do with my paycheck.

Quote:

Originally Posted by anderson22

my work will only do direct deposit, so before my next pay period I need to find some to do with my paycheck.

Im not sure that is legal. They cannot force you to have a bank account.

What state do you live in?

Rock island IL . I work in Iowa

It would seem that they can require it.

Have you ever herd of the wildcard exemption can I use that in court for this checking account?

Quote:

Originally Posted by anderson22

Have you ever herd of the wildcard exemption can I use that in court for this checking account??

No.

I just wanted to let eveybody that helped me that I did go to court and out of the $900 they only kept $200 and unfroze my account that day! So I was very lucky because people before were not all of their money was being kept and some were even told your account will be unfroze in a couple weeks when we get the paper work done! I learned my leason for sure! Show up to court!! Even better make payment plans before court is even a issue!

Quote:

Originally Posted by anderson22

I just wanted to let eveybody that helped me that I did goto court and out of the $900 they only kept $200 and unfroze my account that day!!So I was very lucky because people before were not all of thier money was being kept and some were even told your account will be unfroze in a couple weeks when we get the paper work done!! I learned my leason for sure! Show up to court!!!Even better make payment plans before court is even a issue!!

Wow, that's surprising! Can you tell us what form you filed and what the judge's reasoning was for releasing the account? That could be very useful information for other people who might be in the same situation.

I did not talk to the judge I met with the lawyer off to the side. I will look at the form when I get home.

Quote:

Originally Posted by anderson22

I did not talk to the judge I met with the lawyer off to the side. I will look at the form when I get home.

Did you actually sit in front of the judge and have him/her agree to this? If the lawyer made an agreement with you and you walked out of court without ever being present for the hearing, odds are the lawyer lied and your account is still going to be frozen.

The judge signed the order and it was unfrozen within an hour I brought the paper to the bank and we made a payment plan. I actually have a court paper signed by the judge.

Quote:

Originally Posted by anderson22

the judge signed the order and it was unfrozen within an hour I brought the paper to the bank and we made a payment plan. I actually have a court paper signed by the judge.

Ahh, so the plaintiff agreed to a payment plan. Some will be reasonable and let you work towards getting it paid; others get the judgment and go for what they can.

And yes, in the future, definitely try to make arrangements before it goes to court. Glad everything worked out for you :)