Frozen Bank Account- SSI, SSD, Disability

[cncn78]

What is the name of your state? NY

I came home tonight to find that a credit card company/law firm has placed a freeze on my bank account. I am permanently disabled, and receive SSI and SSD due to this. I also work part-time, 10 hours per week at barely above minimum wage. I plan on calling the lawyer's office on Monday morning. What can I do? If I explain the situation, will they even care? Or will my account be frozen forever?

 

[JETX]

What can I do?

You don't say it, but presumably, your account was 'frozen' as a result of a judgment against you. As for what you can do... read the garnishment papers that you got (or will get shortly) and follow the instruction on how to file a motion to exempt.

 

[Ladynred]

Any chance the collector/"law firm" is Mel S. Harris and Associates ???

 

[eloxley]

I didn't think SSI and disability could be subject to judgements or garnishments. Check with your attorney, but I think the bank may have to release those funds to you.

Good luck, and let us know the outcome.

 

[TigerD]

OKAY posters:

1. SSI and SSDI and 10 hour a week job means he probably does not have an attorney of his own.
2. He asked about called the other sides attorney.
3. JETX gave good advice.
4. SSI and SDI are exempt, however they were deposited into an account with non-exempt funds, which will make it next to impossible for you to prove that the money taken was solely non-exempt; however, it will be possible for you to make that case.
5. Follow the instructions like JETX advised.

Good luck to you.

DC

 

[JETX]

I didn't think SSI and disability could be subject to judgements or garnishments.

What you THINK has nothing to do with this LEGAL website!!!
And also why I said "read the garnishment papers that you got (or will get shortly) and follow the instruction on how to file a motion to exempt."

 

[cncn78]

Thanks

Thanks to everyone who responded, for their advice. I will follow JETX's advice, and also hope all goes okay when I call the law firm on Monday.

 

[eloxley]

What you THINK has nothing to do with this LEGAL website!!!
And also why I said "read the garnishment papers that you got (or will get shortly) and follow the instruction on how to file a motion to exempt."

Hmmm - I thought this was a free forum, where people asked questions and got opinions and advice. Not a LEGAL website. I'm also amazed how generally rude many "Senior" Members are on this site.

 

[JETX]

Hmmm - I thought this was a free forum, where people asked questions and got opinions and advice. Not a LEGAL website.

See there you go again... trying to gain a capacity that is clearly beyond your grasp... as in trying to THINK.

"FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues."

 

[eloxley]

"FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues.".

And that is exactly my point. These are legal issues that I have experienced both personally and professionally.

 

[Ladynred]

Check with your attorney, but I think the bank may have to release those funds to you.

The BANK can do nothing on their own. They are following a COURT ORDER. The ONLY way to get the funds released is to file the exemptions. Only after the court accepts the exemptions is there any way for the funds to be released.

While you may have had dealt with some legal issues, your 'knowledge' or grasp of the legal process is erroneous.

 

[cncn78]

To update everyone on this-

...After a LONG day on Monday of talking to the lawyer's office that had placed the hold on my bank account, then faxing them copies of financial/disability papers that were requested... my bank account was "un-frozen" and released back to me late this afternoon. Thank you to ALL who posted a reply on this thread, you all helped me out. Unfortunately some hostility developed on the thread, from comments that were NOT said by me- just want some people to know that I wasn't the one "being a jerk" to them, even though it was my thread.

 

[ecmst12]

Some disreputable collectors are known for purposefully serving court papers to old/bad addresses so that the debtor won't be able to show for court and they'll get a default judgement.

 

[ecmst12]

Of course it's against the law, that doesn't mean it doesn't happen. When the debtor finds out about it, they can usually get the judgement overturned, but that may not happen until AFTER they find out their bank account has been frozen.

 

[JETX]

Of course it's against the law

And of course, that is NOT true.
Please provide ANY link to a statute saying that it is illegal!!
Of course, you won't..... and can't.