Bank Levy on Banking Acct Need Advice

[Amandalou]

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

My spouse has a civil judgment against them from a Third Party collector from a credit card from 2005. We did not receive any notice that this existed or a possibility about existing. Today, they placed a hold on our joint account that does not cover the amount they're claiming I owe. I called the collectors to work something out but since I wasn't able to make the full payment they said they would have to talk to their superiors and call me back. In the mean time I only have the money in my pockets. I need to open another account without my spouse! If I open an account, can they sign their check over to me or directly deposit it into my account? If I do allow my spouse to deposit their check, can they freeze my account as well even if it only belongs to me?

 

[quincy]

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

My spouse has a civil judgment against them from a Third Party collector from a credit card from 2005. We did not receive any notice that this existed or a possibility about existing. Today, they placed a hold on our joint account that does not cover the amount they're claiming I owe. I called the collectors to work something out but since I wasn't able to make the full payment they said they would have to talk to their superiors and call me back. In the mean time I only have the money in my pockets. I need to open another account without my spouse! If I open an account, can they sign their check over to me or directly deposit it into my account? If I do allow my spouse to deposit their check, can they freeze my account as well even if it only belongs to me?

Who has the judgment against them - you or your spouse?

Your post here is confused as you are switching back and forth - and what you have written in this thread is a bit different from your post in Nitelife's thread (see https://forum.freeadvice.com/debt-collections-84/being-sued-delinquent-credit-cards-622225.html).

From your other post you say that there was a final judgment entered against you in 2011 but the recent hold on your account is the FIRST you have heard of any of this? You were not aware of your credit card delinquency or demands for payment or the lawsuit filed against you?

You, or your spouse or both of you, might want to seek out assistance from a legal aid clinic. Take with you all of the paperwork you have on the credit card and the debt and the judgment and the hold on your account to see what someone there can make of it all.

Here is a link to Texas Law Help, with information on the freezing of bank accounts and other measures a creditor can take to collect on a judgment (and what you can do about it): http://texaslawhelp.org/issues/consumer/debt-collection

 

[Amandalou]

A few days a go when I went to the bank I found out I had a freeze on our acct due to a judgement. They gave me the lawyers info and the lawyer's office reluctantly told me it was from a credit card company and they wouldn't give any other info if I didn't have the upfront amount of money that they told me what was owed. Since they told me the name of the credit card company, I called them and they said the card was from 2005 and now closed and had been sold and I need to contact the new collector. I contacted the Law office again with hopes of settling and getting more info but they said they would get back with me after verification of the funds in my bank account. I asked the lawyers office if I could get something in writing about the judgement, what was owed and validation of the debt. I was told no and they didn't have to do that and all they would do is send a copy of the default judgement. a few days later I received the judgement letter that they claimed the sent years ago as well as a letter from the bank with the copy of the judgment and Notice of Garnishment and Garnishment after Judgement letter. After reading the docs, it states that the judgement was filed in 2011. I am confused because on the side of the same paper that says 2011 it's a stamp that says March 2015. The garnishment states Feb 2016.

 

[quincy]

A few days a go when I went to the bank I found out I had a freeze on our acct due to a judgement. They gave me the lawyers info and the lawyer's office reluctantly told me it was from a credit card company and they wouldn't give any other info if I didn't have the upfront amount of money that they told me what was owed. Since they told me the name of the credit card company, I called them and they said the card was from 2005 and now closed and had been sold and I need to contact the new collector. I contacted the Law office again with hopes of settling and getting more info but they said they would get back with me after verification of the funds in my bank account. I asked the lawyers office if I could get something in writing about the judgement, what was owed and validation of the debt. I was told no and they didn't have to do that and all they would do is send a copy of the default judgement. a few days later I received the judgement letter that they claimed the sent years ago as well as a letter from the bank with the copy of the judgment and Notice of Garnishment and Garnishment after Judgement letter. After reading the docs, it states that the judgement was filed in 2011. I am confused because on the side of the same paper that says 2011 it's a stamp that says March 2015. The garnishment states Feb 2016.

Judgments can be renewed. In other words, once a creditor has a judgment against you, they do not really have to stop collection efforts until they are able to collect what is owed.

How much is the judgment amount?

 

[Amandalou]

4k. They just removed the hold but I don't know why.