What is the name of your state (only U.S. law)? IL
I have a judgment against me, amount is just over $13,500. Now when I first got the summons, I contacted them made a payment plan, they suspended further action but unfortunately was unable to keep up with the payments, that was late last year. In Sept of this year the creditor received a judgment against me, they reinstated the motion(?) a few months earlier. I'm currently unemployed, have no income.
I've read and it seems this citation essentially would freeze my bank account until I can show whether those funds are exempt or not. My problem is the following, a relative regularly has funds deposited into my account, they do not have one of their own. They need access to these funds sooner than the court date, which is 3 weeks away. Is there a problem with setting up a different bank account at another bank and have those funds deposited into that account? Unfortunately they are unable to open an account under their own name, and bank transfers are the only way to withdraw the funds.
I would not be attempting to hide this account, if asked I will say this account exists, they are aware of my other account, since it is the one I was making payments from. I guess my question is two-fold, is there a problem in diverting these funds this way, and how soon before they discover the second account? I plan on contacting them and see if I can set up another payment plan, or if bankruptcy (this isnt my only debt, just the only one with a judgment) would be better.
Also, the citation asks for all deposit information, would they be able to track down who is depositing and attempt to seize that too? It is an online seller account. Lastly, since all of these funds, even the seller account, are under my name is there any way I can show they do not belong to me? I know its a bit ridiculous sounding, but none of this is actually my money, if they were able to get a bank account (have their own debt problems, also unemployed) this wouldnt be an issue. They are willing to testify to that fact.
If you managed to read all that thanks for any help you can provide.