Big problem

[whodini]

What is the name of your state?What is the name of your state? PA

Im not sure to post this here or in the banking forum but this seems like the right place. My mother had an account for natural gas at our home in her name only. The account was opened in 2000. I was 16 at the time she opened the account. Well some things happened and she wasn't able to pay and eventually it was shut off. The company went to court in 2005 and won. She didn't go so they just got the decision. Now my bank account has been frozen because I lived at the home the gas was for. My mom and dad are seperated but his name is on the deed. We have the same name. My problem is the fact that my bank account was frozen. Is that legal? How can I get it opened up to me again. The lawyer for the gas company said the only way I can do it is to pay off the total amount on the gas bill. Might they have frozen my account because they thought I was my dad? They also know my father is filing for bankruptcy. Could they have meant for the name to be my dads and when they saw that decided they didn't want to take a loss put my name on the papers and just see if they could get away with me having to pay it without taking it to court? Just using that they made a mistake if it happened to goto court?

[JETX]

Originally Posted by whodini

My mom and dad are seperated but his name is on the deed. We have the same name. My problem is the fact that my bank account was frozen. Is that legal?

It is legal for the judgment creditor to seize the account of the debtor. However, it appears that the creditor is incorrect in applying this debt to you. So, what EXACTLY did you say when you contacted them??
Also, the bank garnishment process gives you the chance to challenge the seizure. Read the paperwork and follow the instructions.

How can I get it opened up to me again.

See above.

The lawyer for the gas company said the only way I can do it is to pay off the total amount on the gas bill.

Of course, that is NOT correct. File a challenge with the court.

Might they have frozen my account because they thought I was my dad?

Of course that is likely.

[whodini]

Originally Posted by JETX

It is legal for the judgment creditor to seize the account of the debtor. However, it appears that the creditor is incorrect in applying this debt to you. So, what EXACTLY did you say when you contacted them??
Also, the bank garnishment process gives you the chance to challenge the seizure. Read the paperwork and follow the instructions.

I talked to the lawyer for the company and I asked why my bank account had been frozen and he said that because my name was on the account because I was an adult who lived at the residence. I asked if there was anyway I could challenge it and he said it would be hard because me and my father have the same name. He said in PA everyone in a residence is responsible for utilities even if it is not in the name of that person. I asked who I could contact to challenge it and he said he didn't know. I asked if I should contact the sheriff and he said if I wanted to. He did know that my dad filed for bankruptcy recently which I found odd. I am just really confused. Should I contact a lawyer.

[Ladynred]

If you want ANY chance of getting your money freed up - yes, get a lawyer.

You might try this guy if he's in your area: [url]www.pennlawyer.com[/url]. He's a consumer protection lawyer so he may be able to help you.