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  1. #1
    kurtcobain is offline Junior Member
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    Can a person who sued me freeze my account?

    What is the name of your state (only U.S. law)? Texas

    I'm in a lawsuit currently. I live in Texas, so they can't garnish my wages. This is an individual I'm battling, by the way.

    If they win, is it possible for them to freeze my bank account? Thanks
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by kurtcobain View Post
    What is the name of your state (only U.S. law)? Texas

    I'm in a lawsuit currently. I live in Texas, so they can't garnish my wages. This is an individual I'm battling, by the way.

    If they win, is it possible for them to freeze my bank account? Thanks
    Yep
  3. #3
    kurtcobain is offline Junior Member
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    Quote Originally Posted by Antigone*of*Greece View Post
    Yep
    Are you positive that's true in Texas? I'm very suprised to hear that, in a state where they don't allow garnishments, etc.

    What other measures can they take to recover any winnings from a lawsuit? I read somewhere that they have to know where you bank - but it seems like that's probably easy to find out. For one thing, your place of work has it.

    Thanks
  4. #4
    Antigone* is offline Senior Member
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    Quote Originally Posted by kurtcobain View Post
    Are you positive that's true in Texas? I'm very suprised to hear that, in a state where they don't allow garnishments, etc.

    What other measures can they take to recover any winnings from a lawsuit? I read somewhere that they have to know where you bank - but it seems like that's probably easy to find out. For one thing, your place of work has it.

    Thanks
    Yep, I'm positive
  5. #5
    swalsh411 is offline Senior Member
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    Quote Originally Posted by kurtcobain View Post
    I'm in a lawsuit currently.
    If by "currently" you mean "they haven't won yet" then the answer is no.

    Quote Originally Posted by kurtcobain View Post
    I read somewhere that they have to know where you bank
    This is true. What is also true is that you would be required to tell them where you bank if they got a judgement.
  6. #6
    cosine is offline Senior Member
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    Quote Originally Posted by kurtcobain View Post
    Are you positive that's true in Texas? I'm very suprised to hear that, in a state where they don't allow garnishments, etc.
    Texas does prohibit a number of things like wage garnishment, and seizing a house not put up as collateral (many years ago they even prohibited seizing it even if it was collateral, except as part of the sale of the house, which made it hard to get a 2nd mortgage or HELOC). But there are other things they can do, such as seizing/garnishing bank accounts, and certain other assets.

    Quote Originally Posted by kurtcobain View Post
    What other measures can they take to recover any winnings from a lawsuit? I read somewhere that they have to know where you bank - but it seems like that's probably easy to find out. For one thing, your place of work has it.
    My place of work has no idea where I bank.
  7. #7
    CreativeBlock is offline Member
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    Quote Originally Posted by cosine View Post
    My place of work has no idea where I bank.
    I think he's referring to situations where one's pay is direct deposited into one's account. If that's the case, one's work would know where one banks.

    Not nitpicking, just clarifying what I think the OP is getting at.
  8. #8
    Gail in Georgia is offline Senior Member
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    If the person who is suing the OP has ever written this person a check, they've provided them with information as to their bank account number (and, likely, the name of their bank).

    Gail
  9. #9
    cosine is offline Senior Member
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    Quote Originally Posted by CreativeBlock View Post
    I think he's referring to situations where one's pay is direct deposited into one's account. If that's the case, one's work would know where one banks.
    Possibly. Probably. And that entered my mind. But if so, then he's making the (incorrect) assumption that everyone uses direct deposit.
  10. #10
    cosine is offline Senior Member
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    Quote Originally Posted by Gail in Georgia View Post
    If the person who is suing the OP has ever written this person a check, they've provided them with information as to their bank account number (and, likely, the name of their bank).
    Unless the OP took the check to the check writer's bank and cashed it directly. In the rare cases where that isn't an option for me, I cash it through a transfer account that normally holds little or nothing in it, like I do for things like internet payments.

    FYI, I got a check in the mail once for $12.50 written out in my name from someone I never heard of, with no explanation of what it was for. I never cashed it. It MAY have been a scammer trying to get my banking info. I'll never know. I kept it for a couple years then destroyed it.
  11. #11
    latigo is offline Senior Member
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    Quote Originally Posted by kurtcobain View Post
    What is the name of your state (only U.S. law)? Texas

    I'm in a lawsuit currently. I live in Texas, so they can't garnish my wages. This is an individual I'm battling, by the way.

    If they win, is it possible for them to freeze my bank account? Thanks
    The only people that could “freeze” or put a hold on you bank account and render it totally inaccessible to you would be a taxing authority or, perhaps a trustee in bankruptcy.

    However, any judgment creditor holding an unsatisfied judgment could garnish the account.

    But the only credits on deposit that would be frozen so to speak would be that necessary to satisfy the unsatisfied amount of the judgment.

    This is not to say that the bank wouldn’t put an administrative hold on the account until it had completed the process of responding to the notice or writ of garnishment.
  12. #12
    latigo is offline Senior Member
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    Quote Originally Posted by kurtcobain View Post
    Are you positive that's true in Texas? I'm very suprised to hear that, in a state where they don't allow garnishments, etc. . .
    Texas Civil Practice & Remedies Code Title 3 Extraordinary Remedies Chapter 3 Garnishment

    Sec. 63.004. CURRENT WAGES EXEMPT. Except as otherwise provided by state or federal law, current wages for personal service are not subject to garnishment.
  13. #13
    kurtcobain is offline Junior Member
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    Quote Originally Posted by latigo View Post
    The only people that could “freeze” or put a hold on you bank account and render it totally inaccessible to you would be a taxing authority or, perhaps a trustee in bankruptcy.

    However, any judgment creditor holding an unsatisfied judgment could garnish the account.

    But the only credits on deposit that would be frozen so to speak would be that necessary to satisfy the unsatisfied amount of the judgment.

    This is not to say that the bank wouldn’t put an administrative hold on the account until it had completed the process of responding to the notice or writ of garnishment.
    OK, so how does the freeze work - do they basically take all deposits for some period of time or until the balance is paid?

    I'm considering creating an offshore bank account, going to paper checks, or I also think there are places that will let you deposit your check on some kind of card.

    In the one in a MILLION chance this person wins this lawsuit, I will never pay him a single cent, that is 100% positive.
  14. #14
    kurtcobain is offline Junior Member
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    Also, another question - I'm currently in a chapter 13. How does that affect my being sued? Thanks
  15. #15
    latigo is offline Senior Member
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    Quote Originally Posted by kurtcobain View Post
    Also, another question - I'm currently in a chapter 13. How does that affect my being sued? Thanks
    Hasn't your attorney explained to you the impact of a Section 362 automatic stay order? Immediately upon the filing of your petition that stay order went into effect. Meaning that creditors of the debtor in bankruptcy can’t budge without first petitioning the bankruptcy court and receiving an order removing or lifting the stay.

    It’s like a temporary injunction that freezes them in their tracks and violating it puts them deep in the soup!

    If you’ve attempted this complicated process without an attorney, then you too are in the soup. You could pay most of your attorney’s fees through the Chapter 13 Plan with no additional cost to you.

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